Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-07-29
eHApyEa ss23 Cso. an.

eHAprEa ss23 He. So.
AN ACT TO Prescribe Rules Of practic. in csva
Ca,ss " the Justice Of Peace Courts in the sssss
BE . Esss.:a BY the Legislature q sAs s's'. q
section Q. That from and after the passage Of
this Act the first Monday and the third Monday
IN each month shall be rule DAYS in the ssvrrsi
Justice Of the Peace Courts IN the State OF FLORIDA
Sec. y. That Ia al civil actions Of which Jus.
tice Of the Peace Courts have ;urisdiction where
the claim OF plaintiff h for goods sold. work ana
material. money lent money paid, money rs-
OF property. such action shall be commenced BY
the claimant hling. with the Justice ot the Peace
having jurisdiction OF the matter in controversy.
against the defendant. verified by aiidavit
Sac. J. That upon hling such itemised state
ment the Justice OF the Peace shall issue sumwons
IKE process Is rrturnable under the laws ROvsrnnx
the practice in other cosrta
Sec. q. The defendant Ehaii Gle his Appearance
IN The s1mmOns should service q he ssS,s nave
been made ten days prior 10 said rule day: other
wise. ths defendant shall have until NEXT rrle day
thereafter N which 90 file his Appearance: and
should The defendant not 6Is his appsarancs In The
said court or before the rule day sssccecdng the
rule day 90 which the summons "a sezponAsnasm
been duly served then N hat Hs event judgment
shall. upon the day succeeding the second rule
day after the service Of the summons. Be entered
QHtCuUNnN amount Claimed
plaintiff. together with the costs which may have
accrued IN such case
Sec. 8 When The dsssndan, has aIsd his an
nS ~. 1Sr r ssS nc % nm
OF such appearance In which 10 Gle his denial al
the cause OF action under OATH and should thu
dsiendsn' I no. ale written denial under cath q
ment shall be entered against him for the amount
claimed BY the plaintiff, With the costs which have
seerasd n such case And the dsfsndans shali
that he owes the claimant.
Sec. 8. The defendants denial Of piainiias
claim shall be In the following form. 10 wit:
Personally appeared before me-. ,............
the Jusiiee Of the Peace In and for the.
'...'.. Who being duly sworn dsposes and ssy.
that he has read the itemized sworn statement az
........; filed against him IN this Court on ths
d:bisd 70 the plaintiff IN .h. sum alleged. but .
Indebted TO the plaintiff IN the sum OF .........
sworn 10 and subscribed before me this the. 4.
day OF .............,AD ID. 800.
.....,...............
800 Justice Of the PEACE
Sec. 2. The sworn statement Of the account 90
aforesaid and the denial OF the obligation an aforc-
said. shall constitute all the necessary pleadinrs.
and the case shall thereupou he considered at issue
denial sks Be X. sa day or AID esase and n
such trials may be had before the Justice Of the
Peace without jury. unless one OF the parties 10
the action demands a Jury trial " yhish svent
sufficient costs 20 pay the Jury. and jury Of IN
good and lawful men shall he summoned from the
body Of the county, returnable instanter. 70 try
Sec. q. should the defendant aver In his denial
that he owes the plaintiff q sum Of money less
than the sum claimed by plaintiff and deposits the
same IN court, and the verdict upon the trial Of
said cause ahould be that the defendant is In
debted TO plaintiff In the sum IN which the defsnd-
ant AYERS that be Is indebted % plaintiff or issn
amount. then In that event plaintiff shall have
iudgment against the defendant Tor the amount
found IN the verdict. but the costs which have
accrued in said cause shall be taxed against tho
plaintiff, and should defendant deny in full plain
tits claim. ard the verdict he for the defendant
otherwise, the Judgment shall be for the amount
named IN the verdict In favor Of the plaintiff
against the defendant. together with the costs
which have accrued IN aid causs.
Court upon papers fled and hereinbefore ncn-
toned. any matter thing going 20 the merits of
the contention between the parties which would
be admissible IN evidence under any other rules q
m'tted w evidence
Sec. 20. Upon Judgment being entered IN any
cause execution shall thereupon be issued against
,h l,,.. ~ h .t - lIs
exeeltlon shall be served by the executive Officer
Of the Court issuing tho same.
Sec. %. In all other suits In Justice Of the
Peace Courts based upon causes OF action not
emu S5as. ~ SsS.oS ne rSs' q esSa
State OF Florida shall prevail and be enforced en-
cept that there shall be two rule days in each
month. as - provided in Section Z Of this Act.
Sec. ". All laws and parts OF Laws in conhiee
with this act are hereby repealed.
Sec. ~. This Act shall 60 into effect imrodi-
Ately upon It's passage and approval by the Gov
Anor,,,.l T,,.a $3.50