The enterprise-recorder. (Madison, Fla.) 1908-1933, 1909-07-29

twenty-five dollars, or by Imprisonment
cution for any such offense shall be COM
menced after twenty days from the COM
mission thereof
conflict with this Act are hereby re-
Sec Sec. 3. This Act shall take effect Inn
medlately upon its passage and approval
Approved June Z, 1909
CHAPTER 5s22-(No. 5s).
AN ACT, to Prescribe Rules of Practice
In Civil Cases in the Justice OF Peace
Courts in the State Of Florida
Be 1t Enacted by the Legislature OF the
Section /. That from and after the pas.
sage OF this Act the First Monday and
the third Monday in each month shall be
rule days IN the se y JusIiSe OF tne
Sec. 2. That In all civil actions OF Whlch
Justice OF the Peace. Courts hays, luris-
dction, where the claim OF PlaiIhflt rs Iov
lent, money paid, money received, ae-
counts stated and for the hire Of goods
or property, such action ,i shaH 9e cone me
Justice OF the Peace having Jurisdiction
OF the matter In controversy, an Item
against the defendant, verified by affi-
Sec. 8. That upon filing such itemizedl
statement the Justice OF the Peace snall
defendant, returnable as like process is
returnable under the laws governing the
practice in other courts. ., ~
Sec. 4. The defendant shall file his APP
pearance in person or by attorney upon
the rule day named in the summons
should service Of the same have been
made ten days prior to said rule day.
otherwise, the defendant shall have until
next rule day thereafter in which time
to file his appearance; and should the
said court on or before the rule day sue
ceeding the rule day to which the sum
mons ad respondendum is made return
able and after such summons has been
duly served, then in that event, tudg-
ment shall, upon the day succeeding the
second rule day after the service OF the
ant for the amount claimed by plaintiff,
together with the costs which may have
accI led in such case. ,r.s
Sec. g. When the defendant has filed
his appearance, as provided for in Section
T. he shall have until the succeeding RUE
day after the filing Of such appearance IN
which to file his denial, Of the, cause OF
PENDANT not file a written denial unoe e
oath Of plaintiffs claim. prior to SAID
rule day, then Judgment shall be entered
against him for the, amount claimed by
the plaintiff, with the costs which nave
accrued in such case. And the defendant
shall deposit into the Court sneh amount
Sec. G. The defendants denial OF plain
tlfI's claim shall be in the following form,
Personally appeared before me, ........
......, the Justice Of the Peace In and
for Jusuce i RlsIL5S'
OF '''''''''''''ayib,o;'bbei ne dUiY sworn de-
poses and says that he has read the item
filed against him in this Court on the
...:. ......' uay and he is not indebted to
the plaintiff in the sum alleged, but IS
Indebted to the plaintiff in the sum OF
oil
sworn to and subscribed before me
this the ............., day OF .'.''''''''''
A. ID. .,.,.,...'f'
',..,'..''''''''.'''''
Justice Of The Peace.
Sec z. The sworn statement Of the &C
count as aforesaid, and the denial OF the
obligation as aforesaid, shall constitute
all the necessary pleadtngs and the case
shall thereupon be considered at Issue,
me- me- Of 5e said aid denial shall be- the trial day
for said cause, and all such trials may pc
had before the Justice Of the Peace with
out a Jury, unless one OF the parties 70
the action demands a jury trial, in which
event the party demanding the jury rial
shall deposit sufficient costs to pay the
| jury, and a jury OF six good and lawtnl
of the county, returnable instanter, to
try the issue between the parties.
Sec. s. Should the defendant aver in his
denial that he owes the plaintiff a 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 should be that the defendant Is in
debted TO plaintiff in the sum in which
] the defendant AYERS that he is Indebted 70
plaintiff, or a less amount, then in that
] against the defendant for the amount
found in the verdict, but the costs which
| have accrued in said cause shall be taxed
| against the plaintiff, and should defend,
/ ant deny in full plaintiffs claim, and
/ the verdict be for the defendant, then the
/ costs shall be taxed against the plaintiffi
| otherwise, the judgment shall be for the
| amount named in the verdict in favor OF
| the plaintiff against the defendant, to-
/ gether with the costs which have ac-
] crued in said cause.
Sec. 9. Upon a trial in Justice OF Peace
| Court upon papers filed and hereinbetore
| 10 the merits OF the contention between
! the parties which would be admissible IN
/ evidence under any other rules OF plead
! ings, under the laws OF Florida, shall be
admitted in evidence.
Sec 10. Upon judgment being entered
/ in any cause, execution shall thereupon
/ be issued against the party against whom
! Judgment Is rendered, for the amount OF
! such Judgment and COSTS and such exc
/ cution shall be served by the executive
| officer OF the Court issuing the same.
| Sec IL. In all other suits In Justice OF
| the Peace Courts based upon causes Of
| rules OF pleadings and practice govern,
| ing the Circuit Courts Of the State OF
4 Florida shall prevail and be enforced, ex-
I cept that there shall be two rule days
| In each month as is provided In Section
! / Of this Act