The St. Lucie County tribune. (Fort Pierce, St. Lucie County, Fla.) 1905-1920, 1909-07-16
CHAPTER SOP mo. s3).


| AN ACT to Prescribe Rules OF Practice in Civil
Cases in the Justice OF Peace Courts in the State
| OF Florida.
Be IT Enacted by the Legislature Of the State Of
| Florida:
| Section !. 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 several
Justice OF the Peace Courts in the State of Florida.
| Sec. D. That in all civil actions OF which JUS
tice of the Peace Courts have jurisdiction, where
| the claim of plaintiff is for goods sold, work and
material, money lent. money paid, money re-
ceived, accounts stated and for the hire of goods
or property, such action shall be commenced by
the claimant filing, with the Justice Of the Peace
having jurisdiction OF the matter in controversy,
| an itemized statement in writing Of his claim
against the defendant, verified by affidavit
| Sec. 8. That upon filing such itern7ed state
ment the Justice Of the Peace shall issue summons
like process is returnable under the laws governing
| the practice in other courts.
Sec 4. The defendant shall file his appearance
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; other
wise, the defendant shall have until next rule day
thereafter in which to file his appearance; and
said court or before the rule day succeeding the
rule day to which the summons ad respondendum
is made returnable and after such summons has
been duly served, then in that event, judgment
| shall, upon the day succeeding the second rule
day after the service of the summons, be entered
| against the defendant for the amount claimed by
plaintiff, together with the costs which may have
Sec. s. When the defendant has filed his APP
pearance, as provided for in Section T. he shall
have until the succeeding rule day after the filing
of such appearance in which to file his denial of
the cause OF action. under oath. and should the
defendant not file written denial under oath of
plaintiff claim, prior to said rule day then judy
ment shall be entered against him for the amount
claimed by the plaintiff with the costs WHICH have
accrued in such case And the defendant shall
deposit into the Court such amount as he AYERS
| that he owes the claimant.
| Sec. q. The defendants denial OF plaintiffs
claim shall be in the following form, to witt
Personally appeared before me-. .,.-......,.
the Justice Of the Peace in and for the ..,...
Justice District of .,...., County, Florida
....., Who being duly sworn, deposes and says
that he has read the itemized sworn statement Of
$50. .,..: filed against him in this Court on the
debted to the plaintiff in the sum alleged, but is
indebted to the plaintiff in the sum OF .......,..
dollars
day of .,,,.........,A.D .,...
Observation-Disclosures.
Justice of the Peace.
Sec. 2. The sworn statement Of the accountas
aforesaid and the denial OF the obligation as afore
said, shall constitute all the necessary peadings,
and the case shall thereupon be considered at issue
and the next trial term day after the filing OF said
such trials may be had before the Justice of the
Peace without jury, unless one OF the parties to
the action demands jury trial in which event
the party demanding the Jury trial shall deposit
sufficient costs to pay the Jury and jury OF six
good and lawful men shall be summoned from the
body OF the county, returnable instanter, to try
the issue between the parties
Sec. 8. 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 defend
ant AYERS that he is indebted to plaintiff less
amount, then in that event plaintiff shall have
judgment against the defendant tor the amount
found n. the verdict, but the costs which have
accrued in said cause shall be taxed against the
plaintiff, and should defendant deny in full plain
tiffs claim and the verdict be for the 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, together with the costs
which have accrued in said cause.
Sec. Q. Upon trial in Justice OF the Peace
Court upon papers filed and hereinbefore mem
toned, any matter or thing going TO the merits of
the contention between the parties which would
be admissible in evidence under any other rules of
pleadngs, under the laws of Florida, shall be adj
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
execution shall be served by the executive officer
of the Court issuing the same.
Sec. II. In all other suits in Justice of the
Peace Courts based upon causes of action not
enumerated in Section q, the rules Of pleadngs
State of Florida shall prevail and be enforced, ex-
cept that there shall be two rule days in each
month, as Is provided in Section of this Act.
Sec. ". All laws and parts of laws in conflict
with this act are hereby repealed.
Sec 49, This Act shall go into effect inmed-
ately upon its passage and approval by the Gov
ernor.
Approved June 8, 1909,