(after stating the facts). The first ground of the demurer to the petition is that it fails to show any interest that requires the joinder therein of several of the petitioners. Among the petitioners are the names of men who join with their wives and also the names of a widow and an executrix, while the petition shows the wives in one case, and the deceased husband and testator in the other to be the owners of the property sought to be excluded from the municipality. It is urged that where the wives own the property sought to be excluded from the municipality the husbands should not be made parties, and also that in the case of the-deceased husband and testator the widow and executrix do not appear to be the owners of the land. Even if the husbands are not necessary parties they are not improper parties, and the widow and executrix of a deceased testator may in the absence of a contrary showing be considered the owner of land for the purpose of getting it excluded from a municipality in a proceeding of this character.
The second and third grounds of the demurrer are that the petition does not show the lands respectively owned by the several plaintiffs and that it does not show who are the owners of the lands which it is sought to exclude. The petition gives the names of “the owners of the land in said sections 10 and 11 as shown by the last tax roll of the
It is also contended that the petition is defective in that it shows that all of the lands sought to be excluded from the municipality are not owned by the petitioners and that consequently the rights of absent owners are involved. The act provides “That when any incorporated town (or city) containing less than one hundred and fifty qualified electors shall, owing to extent of territory, have embraced within its limits, any lands which may from distance or other cause be virtually or commensurately excluded from the benefits of such municipal organization it shall be lawful for any owner or owners of such lands or three-fourths of them desiring to have the same excluded from, such corporate limits and jurisdiction, to apply by petition to the Circuit Court in and for the county in- which said incorporated town is situated, setting forth in said petition the limits of such incorporated town as then existing and the grounds of his or their objection to being included within the limits of such corporation, whereupon the said Circuit Court shall order notice of said application to be served upon the Mayor of said town or city and appoint a day for the hearing of such application. If upon the hearing of said application the said court shall sustain the said objection, the said tract or tracts of land shall be so excluded. Such petition may be heard and determined by said court in term time or vacation, and any question of fact may he determined by said court without a jury.” The proceeding under this act does not affect the title to the land, nor does it impose any burden upon it, and it is not necessary to do more than comply with the requirements of
The contention that the act under which this proceeding is had conflicts with section 16 of Article 3 of the constitution in that the provisions of the act are inconsistent with an entirely foreign to subject expressed in its title is not well founded. The title is “An Act to Amend Chapter 4601, Laws of Florida, being Entitled An Act to Amend Section 720 of the Revised Statutes of the State of Florida, in Reference to Contracting of Territorial Limits of Cities and Towns.” The subject of section 720 of the Revised Statutes and Chapter 4601 laws of Florida, as well as of the act here considered, Chapter 5197, is the contracting of territorial limits of cities and towns, and all the provisions of each one of said acts have reference to such subject and are matters properly connected therewith. The lands sought to be excluded from the municipality in this proceeding do not effect the contiguity of the remainder of the lands in the corporate limits of the town.
It is insisted that the provisions of Chapter 5197 acts of 1903, conflict with Article 2 of the constitution which provides that “The powers of the government of the State of Florida shall be divided into three departments — legislative, executive and judicial; and no person properly 'belonging to one of the departments shall exercise any powers appertaining to either of the others; except in cases expressly provided for by this constitution.
The second assignment of error is that “the court erred in admitting in evidence the certified copy of a portion of
Under the third assignment of error it is contended that there was no sufficient showing as to the ownership of the lands sought to be excluded, and that the evidence failed to show a case of virtual or commensurate exclusion from the benefits of the municipal organization. In a proceeding of this character the title to the lands is not involved, and under the facts of the case the ownership of the land is sufficiently shown by the tax roll made by the town, at least in the absence of any evidence to the contrary. After a consideration of the evidence we can not say it fails to show that the lands in controversy are virtually or eommensurately excluded from the benefits of the municipal organization and the finding of the Circuit Court will not be disturbed.
Plaintiff in error in conclusion argues that the petitioners are in such laches in bringing this proceeding
The judgment is affirmed.