The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-02-07

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af The tax deed u shall be only pgSMn faeis exi-
dence Of regulaFiiy and iitle B~eiinns 60 and
81. Chapter 1874, Lawal
3. A statute pFtvidinx that . tax deed shall be
PrSn9 J1cs evidence ef The regularity Of the pro-
ceedings, from the valuation 0f the land bx the
assessors 10 the date Of The deed inclusive and ID
the title OF the purchaser, b within the admitted
power Of the Legislature to regulate the method
0f pr0c<ediRg in the introduction 0f testimony.
QueTe: Has the LegislaiuFr p0wer TO make the
deed, after it has bern recnrel one year, c0nclu-
sive evidence of such iaets and limit the action
To recoser 10 casee in which the grsHnd Of relief
Is that the land was nat suhjeci To Iaxalion Or
thai the taxes were paid or rendered, or that the
property had been redeemedi
J. Tue presumption Of regularity which at
taches 10 tax deed must prevail in It's favur up-
iii evgdrnce iagiven Of facts which show iFrrxu-
laFity- II is not enough 10 prove facts from
which irregularity may be in erred The pre-
sumption must prevail until facts Inconsistent
with il are shown. The testimony OF the Clerk
OF The Circuit Court that he had HI q previous
date examined the records Of his office and did
NOT think that there was any rtcDrd of the tax
sale, but that be would not without further exam
inatioo swear to the fact positively, is not sun
cient TO overthrow the presumption III regularity.
and verdict of the jury based upOn such tesfi-
mony should be set aside
4. The power Of Collector 0t Revenue TO en-
force by sale the collecfion of taxes continues
until he taxes are collected, unlw outstanding the
warrnn nf the Assessor direcis a return or re-
port of cs'Ilecsions upon particular day
5. The description Of the hand up8n the as-ess-
nent roll is sufficiently certain, IL, by looking at
the entire roll it Is seen that the land sod is the
hand taxed
6. The statute directs the Clerk to make deed
to The purchaser, bis heir or assigns. The ACT of
the Clerk in making such deed 90 person claim
ing and purpoFting to be the heir Of the pur-
= = u u
IN the sense that Il is binding upon the true herr
or any party having the right to raise the ques
ton. The Legislature, BY virtue OF its general
power to prescribe the method of collecting taxes
ean impose this duiy upon the Clerk
z. A tax deed for hand sold for State aud
county taxes is properly executed in the name of
the State by the Clerk Of the Circuit Court flr the
county IN which Fhe land was situated He is
the County Clerk within the meaning Of the
Legislature
g. A tax deed after sale OF land due for civ
taxes should be ia the name of The city and not
in the name OF the State.
Judgment reversed
C.P. Copper, Attorney for Appellants.
j. e Hartridge & H. G. Jordan, Attorneys for
Appellres.
Thomas E. Savage, Plaintiff in Error. vs.. The
State oi FIorisla Defendant in Error-volu-
sia enHnty.
VANVALKKxBURaH, j.:
l. Fractions of days are not regarded in law,
excerpt when justice requires q careful examine
ii0H as to the precise time Of day at which an
act was performed, In order 10 do right as be-
tween parties.
9. Where time 10 to be computed frum par.
tieular day. or when an act Is to be performed
within specified period, rs from or after day
named the rule Is exclude the first day desig-
ffaal
period.
8 An indictment EDund on the thirteenth day
Of December, 1880, for an offence alleged 10 have
been committed on the thirteenth day OF De-
eemler, 1873, b good, the ofenc= not being
barred by the statute Of Limitations
4. II is not necessary that the court should
charge the jury ia the precise language adopted
by The counsel for the defendant in his request,
bot Il is sufficient If Il charge the propositions
at law 80 submitted in equivalent language Of
It's 0Wa H3Optian.
Judgment affirmed
JOHN W. Price, Attorney fur Plaintiff In Err
rnr: Aiterney-Geoeral Raoey, Attorney for De-
fendent in Error.
Mary Ann OsFn. Executrix. &C.. Appellant vs.
HYer b HyeT, Executors, &C., Appellees.-
E-czmbiA County Motion TO open Judgment
and readjust costs.
RANDALL, G. J.:
l. The Clerk IN taxing cnsts in . cause 70 be
entrFed in Judgment b required 10 tax Oaly such
items af coats and Disbursements as are daily
proved By the party demnndisR the same, az
may appear in the FecOeds and fles Of the eDurt,
and il d not 20 error or misprisioa af tie Clerk
to nmit Ia lax and enter IN Judgment items not
% demanded and proved
& In such case aAer Judgment entered and the
term pAs.e4. The iudgmens cannot be opensd and
amended by insening and including other costs
to which the paTty may have been entitled, II
they had been demanded and duly proved, be-
fnse Judgment
& Under the Code II was necessary fbr the
buFBemenis 10 serve and ale nm itesnized stale
mrnf therAG
Masioa deaied.
". a. Biount. Attorney fbg Appellani.
Perry and g. 2. RAney, Attorneys Tor
AppeIlez.
n. b Coek. Plaintiff 10 Error. -. Yaneey 8.
CsBok, Delendant In ErTOF-EscambiA county.
wEsrcorT. J.:
!. An ord=r ahat . eanss aaand disaiasd n
plninifHs ensts. there having be<n oo service a
prneeM upou The de16nd@nt d anal diapnsiEi1u
of he nlatieF - whicA wril Ct esFBE lea
3 upder rue thlrseen 90 q the kules ..
Prseliee a IL CIreais Csufis. derIaEnlIba il
wquissd . bs aisi an she Fuie day nppn which
The delendant . required 70 APPEAR b sum
nI1as duly served nnd f6lnfnea UnJfl sevviee
sad reluEn ~ psoeess. - dsciasafisa b Feqairsd
10 b nled.
Jndemenl Fsxnfsed
T. 4 Rhssy, Aii1sDey 6sr PininiiG y Error;
T. = 4oage, Attorney Er De1e1daaf IN EFfug.
w. D. chl61sy. AppeilAns and Dsfndanf, W
- HFieIson, snFving pafinar af lnie aFm q
Liitle 4 KFiefssa, Appellee ard PlaintiG G-Ea
eambia eounty-
WnCof4,
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ARsls 80
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