The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-08-22


convict is confined, and the Office of Judge
of the circuit is vacant.
9 The purpose of the act of Nav 25th.
1891, Chapter 4075 statutes,) is, that no
person sentenced to pay a fine not ex-
ceeding three hundred dollars, or such
fine and costs, whether with or without
imprisonment, shall be confined longer
than sixty days for the non-payment of
the fine or fiue and costs, where he is un-
able 10 pay, and that any such person
shall be discharged after the expiration of
sixty days upon an examination, result
ing as contemplated by the act, being
made.
The act Of May 25th, 1891, (chapter
4O75 statules,) is not in conflict with sec
tion 80 Of Article III Of the constitution,
Ordaining that the repeal or amendment
of any criminal statute shallnOt affect the
prosecution or punishment Of any crime
committed before such repeal or amend
ment.'
4. The act Of May 25th, 1891, (chapter
4075 statutes does not repeal the act of
March 7th, 1877, (sections / and 2, p.
800, McClellan's Digest authorizing the
county commissioners to employ persons
imprisoned in Jail, at labor and allow
them credit on fine and costs as therein
provided The act of 1877 is in force to
be administered in cases falling within
the act OF 1891, until at least the end of
the sixty days.
Petitioner discharged
r. w. Williams, for the petitioner
Geo. W. Walker, for the state.
Hardy Phillips, Plaintiff in Error, VS..
The State of Florida, Defendant in
! rror-Suwannee county.
RANEY, G. j.:
/. Where the only question on the trial
of plea in abatement is one of fact, and
the evidence fully sustains the finding
against the plea, the finding cannot be
disturbed
2. The prisoner was arraigned and
pleaded not guilty, the jury was sworn
and the witnesses in behalf of the state
, examined and the state attorney adj
DIRE ssed the jury. Upon the prisoner
counsel declining to argue the cause be-
fore the jury, it was discovered that the
indie ment had not been read to the jury,
, and the counsel stated that it was on This
account that he had declined to cross
examine witnesses, or to introduce any
. testimony in behalf Of the defendant, and
he cOntended that it was necessary that
/
, and the witnesses examined again, and
moved that this should be done The
, court granted the motion, and the indict-
ment, which had been read to the prisoner
on the arraignment, was re ID to the jury,
and witnesses for the state and accused
were examined, and prisoner made his
statement, and the judge charged the jury,
and there was verdict Of guilty of muir
der in the first degree !: Held, That erro
cannot be assigned by the prisoner OF
these proceedings.
= 3. A charge by the judge to the Jury
= up N the subject Of their recommending
p the accused to mercy in case they fOunt
him guilty of murder in the first degree
cannot be reviewed on writ OF error If no
not excepted to in the tiial court.
4. Where there is sufficient evidence
q if the Jury believed it, to sustain the ver-
dict. and there are in the record no error
:, that can be reviewed on writ OF error
: the verdict mus, be sustained.
y Judgment affirmed,
No counsel appearing for plaintiff II
, error: William b. Lamar, attnrney-gene
!. | raj, for the state.
William Hope, App. liant, vs. Lula l. John
ston. as ADMINISTRATIVE ct ais, Appel'ee'
a -OsCenla county.
Judge Barnes, of the first circuit, So
q in the place OF Mr.. Justice Mabry. VIII
= was disqualifie,l)
: RANEY, g. j.:
/. A chatiel mortgage not under seal 's a.
! instrument Of writing not under seal WIN
u in the meaning OF the provision OF tn
sIa,nte of limitations Of February 9th
1872. (seclion 10, p. 1888, McClellan's ID
qest that actions upon any contract, obi
d cation or liability, founded upon an in
70 strument of writing not unier seal must b
commenced within five years after tn
cause of action has accrued.
9. Where no delivery of the chattels IN
~ tended to bemort ga ed is made With
v twenty days after the execution OF tn
~ mortgage, legal record of the mortgag
instrument under the act of Novembe
D, 18th. 1928, (sectiOn /, p. 213, Mcclellan
J" Digest is essential to the creation OF
a lien on the chattels, even as between tn
., parties to the mortgage, but the twent
- davs is not limitation upon the time 10
10 recording it yet the lien of the mortgag
. :, may be lost by laches in recording the IN
;, trument. ...
n, The chattels described in a write
70 Instrument intended as q mortgage Wer
. not delivered within the time prescribe
D. bv the statute. Within two years an
about six months after the execution {
T. The instrument large payments were mao
~ on the debt intended to be secured. n
ts other payment was made for about TIM
70 70 teen wears, when the mortgagors made
III III small payment. Five years and al aoou J;
>" four months after the execution OF the II \
strument it was put on record, put VIII
r. r. out acknowledgement or proof of it's ex'
., ~ cution. About seven years after It's ex'
~ "a cution one of the mortgagors conveye
GO part of the chattels to the other mortg'
re gor in trust for the benefit of daughter
n; n; Of the latter, who were sisters Of tn
a' former, which conveyance is charged
have been made and taken for the pu
r. pose of defeating the lien Of the ,4 stege ass
p sideration. Two years after the last pa!
ment a Judgment at law for the ,Dalsnt
"a. of the indebtedness was obtained by tt
mortgage against the administrasr,x Isl ATTY
ed the mortgag0r who had made the oonve.
lS. oroo ;u kr,.sk The mOrtQaQOrG 0loO III