The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1888-10-16

authorized to make charges against vessel for
quarantine services, it under the authority given
! by the latter act they have made proper provis
| ion therefor.
4. a reasonable charge according to tonnage
| or the material for the use of crib erected by
the Board for receiving ballast, is proper where
the discharge Of the ballast is for the purpose of
disinfection, but it is not proper to base any
charge on the tonnage of the vessel.
D. A contract made under duress canDOt be
enforced, but if bad only for that cause, it IS
voidabe, and if ratified after the duress has
ceased, it becomes valid and enforceable.
Affirmed.
J. c. Avery for appellant; Blount & Blount,
for appellee.
Charles Netso, plaintiff in error, vs. The State of
Florida defendant in error-Orange county.
MITCHELL, ].
l. The plaintiff in error was tried under Sec
ton II, chapter 3413, laws of Florida for carry
ing on the business OF dealer in spirituous vinous
and malt liquors, without the license required
by statute authorizing him ocarry on such bust
ness and to warrant a conviction, 1t was neces-
sary TOR the State to prove that the liquor sold
was either spirituous, vinous or matt liquor.
The evidence shows that the plaintiff in error
sold beer, but this IS not sufficient unless it is
shown that the beer sold was malt beer
O. The courts will take judicial notice that
lager beer, ale, porter, and any other liquor
made of malt is malt liquor.
Judgment reversed.
A NJ. Thrasher, for plaintiff in error; AttOr-
ney General, for defendant in error.
Samuel HOustoun, Plaintiff in Error, VS.. The
State of Florida, Defendant in Error--Duval
county.
RANEY, j..
1. The provisions Of section of the act to
suppress gambling houses and gambling, ap-
proved June z, 1897, making the finding OF any
| implements commonly used in games of chance
usually played in gambling houses, or by gam
blers, primo face evidence that the house or
place where the same are found is kept for the
purpose of gambling, does not have the effect
to deprive person charged with keeping and
maintaining room for the purpose of gambling,
OF the benefit and protection of the presumption
of innocence which remains with every one on
| trial tor crime as long there is a reasonable
doubt OF his guilt
g. The Judge having failed to charge the Jury
that the law presumes every man innocent until
he is proven guilty by proper evidence, and that
II they had any reasonable doubt of the guilt of
the defendant, arising from the evidence they
should acqult him and having refused to instruct
them ineffect that the 4h section of the statute
referred to above did not remove the presumption
referred to, new trial should be granted, as the
jury may have withheld from the defendant the
benefit of such presumption of innocence.
Reversed and new trial granted
Hartrdge & Young for Plaintiff in Error.
Attorney General tor Defendant in Error.
]. II. McKlnnc, ct al, Appellants, VS.. E. T. C
Dlckenson ct al, Appeees-Jackson county.
RANEY j.:
/. Upon appeal from order granting an
injunction, the action of the Chancellor will not
be reversed unless it is clear that he has com
mtted an error or abused sound judicial dis
cretlOn in granting il.
9 Where the hearing of an application for an
injunction is upon bill, answer and afidavits in
support of the bill, and the answer tails to
plain as fully as it should one point material in
the case and the action of the Chancellor III
granting the injunction is to this point sup
ported by the bill and the affidavils, though con-
traverted by the answer 10 the extent that the
latter goes il cannot be said that the Chancellor
has abused his discretion or committed any
ror justitying the interposion of the appellate
court
Affirmed.
John w Malone for Appellants
LlddOn & Carter for Appellees
E. J. Barco, ct al, Appellants vs. A. NJ. Fcnnell
Ell ux., Appellees-Leon county.
| MAXWELL, G. j.:
l. In an action OF eectment the defendant
| pleaded not guilty, and afterwards filed with
| leave OF the court special plea 10 the effect,
that the plaintiffs claimed title to the land de-
scribed in the declaration as heirs of the intes-
| tate of the defendant who is still administrator
| OF his estate, and such estate remains unsettled.
| Upon motion of the plaintiff to require the de-
| tendant to elect between the two pleas, he elect
ed to stand upon the special plea Held that as
| the matter sci up in the special plea could have
| been proved under the general issue of not
guilty, the court should, OF its own motion. have
| struck out the special plea
| g A present right Of possession is necessary
| 10 recovery in ejectment
| 3 Ejectment does not lie in behalf OF an heir
as against an administrator TO recover possession
of land 10 which the latter is entitled an asset
| of the estate.
| An administrator is not entitled as against
the intesae's heirs to the possession of land eX-
| emDt as the homestead OF the lntesae from
| forced sale for the payment of his debts under
the Constitution OF 1868, and ejeclment will lie
| in behalf OF the heirs against the administrator
to recover possession OF such Ian from the adj
| ministrntor where the land occupied by the in
testate as a rural homestead at the time of HIS
death consisted of 100 acres or less, or where
| prior to his death he has, when actually occupy
| ing more than 100 acres, flied IA written decara
ion of his homestead in The probate office of the
County Judge under Act 1869 S11 p 531 Noes.
Digest.
s. Where one or more OF the heirs is minor,
or otherwise incapable Of binding himself, and
the ancestor dies actually residing up'n or oc-
cupying as his homestead, or home place, tract
OF rural land exceeding 100 acres, aud not hav-
| ing filed n written designation of part thereof
as his homestead, tjecment will not lie in be-
half of such heirs, but The proper remedy for
setting aside the homestead is by bill in equity
under So chapter 3246, Acts OF 1881; S54, p 1865
| Noes Digest Whether ejectment would lie in
case of such occupation of rural lands if all the
heirs adults and capable of acting for them
selves, Quaere.
Judgment reversed.
s. Pasco for Appellants; d. S. Walker, Jr.,