The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1905-08-18


other than the known defendants.
whose names are unknown to him, and
shall pray for relief against them. he
shall be entitled to process by publi-
cation to bring in such persons as par
ties defendant to such suit. If the said
unknown persons shall be known to
or believed by the complainant to be
heirs, devisees, grantees, or other
claimants under person deceased
whose name is known to the complain
ant. the complainant shall state the
name of such person in the bill.
Sc 2, It shall be the. duty of the
Clerk of the Court of the county in
which such bill may be filed. to make
upon demand Of the complaint, an or
snail designate the unknown defend
der requiring such persons TO appear
10 the Dill on rule day not less than
order and to publish such an order
once a week for twelve weeks. in a
ants as "all parties claiming an inter-
sought. which property shall be shortly
but fully described in the order. If
the name of any deceased known per-
son shall be stated in the bill. the or
der of publication shall describe the
unknown defendants as 'all parties
claiming interests under (the deceased
which shall be described as aforesaid.
Sec. 3. DEGREES pro confesso can be
entered as in other cases of service by
publication. Final DEGREES entered
upon DEGREES pro confessO when there
has been no appearance by such I'M
known parties in interest shall be con-
elusive on such parties and persons de-
irving through them. from the date of
rendition. unless a rehearing shall be
applied for within one year thereaf-
ter But if the complainant shall with
in six months of such decree. serve a
copy of such decree on any such per-
son interested who shall become known
to him. by producing sworn proof of
the delivery of copy of such decree
to such person or persons a rehearlng
shall not be had unless applied for
within six months from the date of
such service. DEGREES for the sale of
property in the administration of es-
tates, of decedents. shall not be re-
Sec. 4. If anv DEFENDANT against
whom a decree has been rendered on
publication only. as provided in this
piraticn of the time allowed for a re
hearing. appear and petition the court
for a rehearing thereof. and give bond
in an amount and with conditions to
to be approved by the clerk he shall
be permitted tied to defend the bin as ,. i
process. And the court may stay all
proceedings upon the original decree. |
pending such defense. and if the de- |
cree has been executed. may. at the |
final hearing. decree restitution.
-, But the title. to property sold under |
bona fide purchaser for value. shall: |
not be affected by anv such re-hearing. |
The defendant applying for, such re
hearing: shall give reasonable notice |
in writing to the complaint Of such |
application.
Approved May 80. 1905. |
CHAPTER 5394-(No. 23O
AN ACT Relating to the Recording of |
DEGREES and Orders in Chancery in
this State.
Be it Enacted by the Legislature of the |
State of FIorida:
Section 1. That wherever any order
or decree in chancerv required to be |
signed by the Judge of the Circuit !
Court shall have been heretofore enter
ed in the Chancery order Book instead !
of upon the, minutes of the court.
and is hereby declared to be of same |
force and effect. from the date of the
entry in such Chancery Order Book. as 1
if the same had been at such time en-
tered in the minutes of the court: Pro-
vided. however. that nothing herein
shall affect creditors or subsequent
purchasers for value without notice
Approved June 3, 1905.
CHAPTER 5se5-(No- 24)
AN ACT to Provide for the Payment
travelling Expenses Of the judges of
the Circuit Courts of this State.
when holding Sessions of Court in
State Of Florida:
Section l, The actual travelling ex.
Court of this State. incurred in trav-
cling from their places of residence to !
the. county. sites or the counties. in
sessions of the court therein as pre-
scribed by law. shall be paid by the
State: Provided. That no such ex-
three hundred dollars; Provided fur
Their. That should the Constitution of
mo State be so amended as to increase
cult Court, then TO further sum or Il
sums of money shall be paid said
Judges for travelling expenses under
Sec. 2. Such actual travelling ex-
penses are hereby defined to be rail-
road and hack fares and hotel bills.
and the same shall be paid in the fol-
Each Judge of the Circuit Court.
shall upon the closing of a term Of
blanks to be provided by the Comp
troller, a reuuisition for such actual
expenses incurred during the term Just /.
closed. which reauisition shall contain
an iterized list of such expenses. GER
tilted to. as being correct by the Circuit
Judge; in whose behalf the same is made
QUESTION and if found correct shall
! raw his warrant upon the State I
Irea surer. in payment thereof in IA
reduisition was made. It is hereby
made the duty of the Comptroller Of
this State to supply the judges of the
blank acquisitions.
Sec. 3. Such funds in the treasury
as are not otherwise appropriated. and |
which NAV be necessary to carry out |
the provisions of this act are hereby
appropriated.
Sec. 4. This act shall take effect
upon its approval by the
Governor.
Approved June 6, 1905.
CHAPTER 5396-(No. 25)
AN ACT Fixing the time for Holding l
Terms of the Circuit Court in and for {
the Sixth Judicial Circuit of the
State of Florida q
Be it Enacted BY the LEGISLATURE Of the {
State of FIorida: {
Section l. That from and after the ]
passage of this act. the time for holding {
the terms of the Circuit Court of the {
Sixth Judicial Circuit shall be and is !
hereby established as follows: II
There shall he two regular terms of