The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-08-22
of the mortgage was lost by the mort
gagee's laches in failing to record the in

Digest, declaring what instruments shall
be deemed mortgages, and subjecting
them to the ordinary rules as to fOreclO
sures of mortgages, and declaring that no
right Of possession to the property mort
gagged shall vest in the mortgagee through
the simple failure of the mOrtgagor to
pay the debt secured, ETC., does not repeal
the provisions Of the act of November
10Th, 1923, (section 1, page 213, McClel-
lan's Digest making the delivery of the
property or the recording Of the mortgage
instrument, an essential to chattel
mortgage.
5. Where the real purpose of bill, as
shown by it's general framework and
prayer. is to have an instrument declared
lien or mortgage on certain chattel
property, and to restrain certain parties,
who claim the property under deed of
trust charged to have been made by one
of the alleged mortgagors in fraud OF and
10 defeat the mortgage. from interfering
with the property, it cannot, on account
Of allegations showing that judgment
at law has been obtained against the ad-
ministratrix of the mortgagor who made
such deed of trust, and that his estate is
insolvent, to be treated as bill to sub
ject the property 10 the payment of such
judgment as be ng assets of his estate and
liable, notwithstanding the alleged frau
dulent conveyance, to the intestate's in
debtedness.
Decree affirmed.
John A. Henderson and Sparkman &
Sparkman, for appellant Hooker & Ma
bry, for Appellees.
Daniel w. Williams, Plaintiff in Error,
VS.. Edward T. G. Dickinson, Defend
ant in Error-Jackson county.
TAYLOR, J. !:
CRIMINAL ToRT-Statutory cOnstruc-
ton, evidence.
CHANGE OF VRNUE-Payment Of costs
on continuance.
/. Where a private individual has been
damaged i'll person or property by the
tortuous act of another, which act
amounts to felony, the civil suit for the
redress of the private wrong may proceed
payi passu with the criminal prosecution !;
or The ono may precede, or succeed the
other; or, if the criminal prosecution is
never commenced at all, the failure to
seek public justice is no bar to the pri-
vate remedy Neither is an acquittal or
conviction upon the criminal charge any
bar to the civil remedy.
| Q. The granting or refusal Of an appli-
cation for a change of venue is matter
placed by the statute within the judicial
discretion of the court: and while the ex-
ercisc of such discretion is the subject of
review by the appellate court, it will not
interfere unless there is a palpable abuse,
or grossly imprOvident exercise OF the
discre ion imposed.
3. Under the provisions Of section 1O7,
pape 1896. McClellan's Digest, the court
NAV order the taxation and entry Of a
iudpment { the costs accrued i'll cause
as a condition for the granting of an ap-
IplicatiOn for u temp rary pOstpOnement
of the trial.
4. A person convicted Of the statutory
oiFensc of house burning under the pro-
visions of section 4 Of chapter 1857, laws
of 1863. is not excluded under section Z,
u 991, McClclIan's Digest, from being a
witness, or from giving evidence either in
person or by dcpOsitinR in any suit OF
proceeding, unless such burning constr.
tuted the crime Of arson in the technical
sense in which that term was known tC
and recognized by the common law:
3. The well-recO. nized canon of con.
struction is that where legal terms are
used in a statute they are to receive theil
technical meaning unless the contrary
plainly appears to have been the intention
of the legislature.
G. When a 1,rima .fdcie case is estab
} lished showing the existence of conspl
, racy between two or more to do an un
lawful act the declarations, acts or ad
missions of any of such conspiratori
touching the original concerted plan, ant
, with reference to the common object, is
in contemplation of law, the act and de
claration of them all, and is, therefore
: original evidence against each and every
ons of them.
7. Where a party producing witness
} seeks TO impeach him under the provis
ions of section 90, p 518, McClellan's Di
) pest. in case such witness proves adverse
! q large discretion is necessarily reposed IL
the trial Judge as to whether the witness
7 who is before him is so adverse to th'
r party producing him as will authorize hi
impeachment under the statute.
: s. An attempt to subcrn witness IN
cause to give false testimony therein ma!
/ be exposed in the trial of the cause who's
} issues were intended to be thus corruptl!
affected; and proof is admissible In suci
! cause of such corrupt attempt IN ORDER Z.
T expose to the jury the immoral disposi
ton in the party making the attempt !!
, bring about false and unjust result II
: the cause.
\ 8. In charging juries the courts shoul'
t be careful not to trench upon the exclu
: siye province of the jury in determining
the credibility of particular witnesses, o
/. the degree of credit or weight to be give1
to particular elements of the evidence
/ He NAV instruct them as 10 the rule, bu
not as to the weight of the evidence
8 The weight to be given to the evidence
Q or to any phase or element thereof, is 10
D the Jury alone to determine. Charge
: that point out to the jury material fea
1 lures of the evidence, and that say suc
: features fare entitled to great weight
are fatally erroneous.
Q 10. Where civil suit is brought to re
Q dress a tortuous act that amounts TO
4 crime, the defendant, as In prosecutio
: for the crime, is entitled to every reason
: able doubt. The crime thus made tn
= basis of civil suit must be made out he
: yond O reasonable doubt, else the plainti
d is not entitled to q recovery. 6hults c'
= Racifc Insurance Go, IA FIa., rs, cited an
Q nDDrOved