The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1909-07-23

/ CHAFfGH h8GI-(Mos 10
| AN ACT 70 Prescribe Rules Of Practice
coS SSu n St tbs sac y snS o. FioT fS
/ Re a Enacted by the Legislature Of the
section /. That from and after the pas
Use third Monday IN each month shall be
I rule days On the several Justice OF the
4 Peace Courts ia the State Of FLORIDA.
| Sec. g. That b. al civil actions % which
/ Justice 81 the Peace Courts have turla-
/ diCtlOn, where the claim % plaintiff IN for
/ goods sold, work and material, money
counts stated and for the hire Of goods
/ or property, such action shall be COM
menced BY the claimant filing, with the
/ on the matter In controversy, an Item
! ICED statement IN writing Of his claim
AGAINST the defendant, verified BY afn-
sec. g. That upon filing such itemlEed
statement the Justice Of the Peace shall
/ issue summons I'D regpOndendum 90 the
defendant, roturnable az Ike process is
| practice ID other courts.
Soc. 4 The defendant shall file his APP
RearanSe " per1on Or BY attorney upon
should service Of the same have been
made ten days prior % said rule dayi
otherwise, the defendant shall have until
next rule day thereafter IN which time
90 file hls appearance; and should the
defendant not file his appearance IN the
said court on or before the rule day sue
mons Son ad respohdsh8um Is made T return
able and after such summons has been
duly served, then In that event, Judg-
ment shall. upon ne Gay sncc succeed t ne
summons be entered against the defend
ant for the amount claimed by plaintiff,
together with the costs which may have
Sec 5. When the defendant has filed
his appearance, as provided for In Section
T. he shall have until the succeeding rule
which 10 fiis bis denial Of tfie cause OK
action, under OATH and should the de-
PENDANT not file a written denial under
oath OF plaintiffs claim, prior 20 said
rule day, then Judgment shall be entered
against him for the amount claimed BY
the plaintiff, with the costs which have
accrued S N .ush ,o case ,s and the ssfsndan.
az he ayers that he owes the claimant
Sec. 8. The defendants denial Of plain
tits claim shall be In the following form,
Personally appeared before me, .......
,..,.., the Justice Of the Peace IN and
fof ''.......'.'.'.''.''.' Justice District
............, Who being duly sworn n ds,
poses aud snya that ho has read the Item
filed against him IN this Court on ths
.. .....,. uAy ana ne Il not ind:btSd to
the plaintiff IN the sum alleged. but ~
indebted 10 the plaintiff In the sum OF
sworn 10 and subscribed before me
this the ''''s,''sss..' dhy OF '.'....''ssst
a. - ssss'''sssss
'tsst''ssssssss'ssssss'
- Justice OF ths Peace.
Sec. T. The sworn statement OF the ao-
count ~ aforesaid, and the denial Of the
all the necessary piondnHg, and the case
nhah theronpQn pc oonsldered az issue,
inc 5S 5ge s5 asr as mia ts SS a'f sRe day
for said cause, and all such trials may be
had before the Justice Of the Peace with
s Out = 11ry, sniSs3 one o. tas parties 70
event the party demanding the jury trial
shall deposit sufficient costs 90 pay the
jury end a jury Of zig good and lawful
men shall be summoned from the body
Of the county, roturnabie instanter, 20
try the Issue between the parties.
Sec. 8, should the defendant aver IN bis
Of Ssn Money Sa es a SSS Rs sSn Claimed 'I ~
plaintiff and deposits the same In court,
and che verdict upon tho trial Of said
dotted 10 pIaiStln IN az SI sSm n which
the defendant AYERS that he % indebted 20
plaintiff, or . less amount then IN that
event plaintiff s,.I ses have JUDGMENT
found IN the verdict, but the costs which
have accrued IN said cause shall Be taxed
against the plaintiff, and should defend:
che verdict be for tke defendant, then the
costs shall be- taxed against the plaintiff; /
otherwise, the Judgment shall be for the
amount named IN the verdict IN favor Of
the Plaintiff against the defendant, to- |
gother with the costs which have aC- |
cruod IN said cause.
Sec 3. Upon a trial IN Justice Of Peace /
Court upon papers f.led and heroinbefore |
mentioned, any matter on thing going
% the merits of the contention between |
the parties which would bo admiaaable IN /
evidence under any other rules 81 plead |
lnFn, under the laws OF Florida, shall DO 4
admitted In evidence,
Sec 10. Upon judgment being entered
IN any cause, execution shall thofeupon 4
BE- issued against the party against whom /
Judgment u rendered. for the amount o.
cutlon shall be served BY the executive /
officer Of the Court issuing the aama. 1
Sec. Al, IN all other suits IN Justice Of
the Peace Courts based upon causes Of
action not enumerated IN Section = the I
lnR the Circuit Courts of the dtats % 4
Florida nhal prevail and Be enforced, ox. /
copt that there shall be two rule days /
u each month as u provided In Section 4
Sec. -. All laws and parts Of laws m
conflict with this Act are hereby repealed \
Sec. ~. This Act shall 20 Into effect \
Immediately upon itn passage ana ap- 4
prevail By the Governor.
Approved June :. 1908.
cHAPTGR oos5-(No. ~.
AN ACT 20 Puvide Cor Stay Of Exccu. 4
ton 81 Sentence 60 fine IN Justice 0f \
TIE Peace Courts and County Judges
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