The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1921-09-23


Taken: Defining and Prescribing the fower
and Jurisdiction of Said Court, Providing iq
Judges and Clerks of Civil Courts of Record
and the Jurisdiction Of the Supreme Court u1'
Circuit Courts in Relation to Civil Courts
Record; Ab0lshing the Civil Court Create,
Under the Act Approved June ord, 1915, an
1910 and 1894, Both Inclusive, of the Revised
General Statutes of Florida, Relating to Cir7|
Courts of Record, and Also All Acts in Conf|iea
Be q Enacted by the Legislature Of the State d
Florida:
Section T. From and after the passage OF this
Act there shall be court 10 be known the
Civil Court of Record in each county which has
or shall have, population of more than Ioo,ooo
according to the last preceding Federal Census
or as such Federal Census is hereafter taken
provided, that Civil Courts of Record based On
Federal Census to be hereafter taken. shall be e.
tablished on or after May Ist, of the year mex
succeeding the ear +, yI,;r e,,t a,,s,,s =; t,1s
The Civil Court of Record for each county, r.
spectiyey, shall have exclusive original iurisdic
ton in all cases at law, including proceedings a
attachment and punishment where the matter "a
controversy does not exceed, exclusive of interest,"
and costs, the sum or value of S3sooo.oo, and
also where (a) the cause of action IN whole or "a
part arose accrued in the county, or (b), tho
property involved in whole or in part is in fhl
county, or (c) the defendant or of the del
PENDANTS IS found IN the county. Where the Juris
dictional value first above stated IS al
legged the jurisdiction of the Civil Courts of Record
shall be prima facie presumed
The Civil Courts of Record shall not have iuris
diction of cases in equity nor jurisdiction Of case
involving the legality of any tax, assessment ID
toll, nor of the action of ejectment, nor Of ac
estate. nor the proceedings relating TO the forcl
Bile entry of unlawful detention of lands and
tenements, jurisdiction in cases at law i
which the demand value of the properly
involved does not exceed $4,000.
Sec. 2. There shall be Judge for each Of said
Courts, Who shall be appointed by the Governed
and confirmed by the Senate, and who shall hold
office for four years. He must be at least q
years of age and attorney at law Each Judge
OF said court shall receive salary of $3oo.oo
per annum less than the salary which shall FROM
time to time be received by the Circuit Judge o
the Judicial Circuit in which such county is lo
Which salary shall be paid from the General Rev
enue Fund of the county in which such Civil
Court of Record is established. He shall not ex
or attorney, or engage in the practice of law dur
ing his term of office
Sec 3. In any such county where there is q
Criminal Court of Record, the Clerk of the Grind
inal Court of Record shall also be the Clerk q
the Civil Court of Record, and he shall have Tho
same powers and perform the same duties in The
Civil Court of Record as performed and
required of the Clerk of the Circuit Court in sal.
county, and as compensation for his services b,
shall receive the fees Clerks of the Cir
cult Court receive for their similar work.
Sec. 4. Where there is Criminal Court d
Record in any County which shall have Civil
Court of Record, the Clerk of the Circuit Cour
for such county shall be the Clerk of the CiVi
Court of Record.
Sec. S. The Seal of the Civil Court of Recoft
preston thereof deposited as are Seals Of the Cir
cult Court. In case of loss or destruction of suc
Seal the private Seal of the clerk shall suffice an
til official Seal is provided.
Sec. g. There shall be four terms of the CiVi
Court of Record held each year, commencing oi
the second Mondays in January, April, July AM
October.
Sec ,. That if the Judge of any Civil Cour
OF Record established under this Act shall be un
able from absence, sickness or any other cause
shall be disqualified by, or from interest, nea
tionshp or any other cause to discharge any dut1
whatever pertaining to his office, it shall be til
duty OF the Circuit Judge, or any of such Circui
Judges, If there be more than one, of the count
wherein such Civil Court of Record shall be "a
tablished the application of any party, to PEI
form such duties and hear and determine q
such matters as may be submitted 70 him, an.
such Circuit Judge or Judges shall be substituted
in ali respects in the place and stead, in the ma,
tiers aforesaid, of such Judge of the Civil Cour
as aforesaid That if by reason of illness, absence
or other cause the Judge of any Civil Court
Record established under this Act shall be ID
able to hold conduct any term or terms Of sue
Civil Court of Record, the Circtsit Judge, or an
of the Circuit Judges, if there be more than one
of the county wherein such Civil Court of Record
IS situated may, and upon the order of the Gov
ernor shall hold preside and conduct sue
term or terms of such Civil Court of Record. an
perform all the duties and be vested with all "a
powers of the Judge of such Civil Court of Red
ord and shall be substituted in all respects in ID
place and stead OF such Judge Of the Civil eous
as aforesaid.
Sec. s. Judgments of Civil Courts of Recnf
shall be liens on real estate in like manner
judgments of County Courts when recorded al
cording to law in the Foreign Judgment book
Sec 9. The rules of pleading. practice. proceed
ure and evidence, and the laws of this Stale pr,
scribng rules of pleading, practice, procedure an
evidence. and prescribing the services and rctur
of process of Circuit Courts, shall. so far as the
are applicable, govern in Civil Courts of Record
eral Statutes of Florida, and laws amendat0=
thereto, which be applied to the Civil Court
81 aseosd or TO any proceeding therein or e 90
cases except where they are inconsistent with "a
provisions of this Act
Sec. II. The Circuit Courts shall have appelial
jurisdiction IN all decided by the Civ
Courts of Record, in the same manner and wit
the same limitations as hereafter prescribe
as to appellate Jurisdiction of cases in the Count
Court.
Sec. II. Where the Circuit Court has rcndere
in its appellate jurisdiction a Judgment Ia an
Civil Court of Record case, the Supreme c0ni
otherwise upon petition of any party thereto. On
such to be certified to the Supreme Coo|
for its review and determination, with the sar
power and authority in the case as If jurisdicfio
had been acquired BY writ Of error; provided. ffs
such petition must be filed within thirty DAD
after the rendering of such Judgment by the Gil
cult Court The Supreme Court shall make sue
rules and regulations as may be proper for the e
ercise of its powers under this Act
Sec. rs. Whenever Civil Court Of Record
established in any county, the Circuit Court
CJtttiItE
all cases pending in such Circuit Court until 4
are finally determined by the Circuit Couf
and nothing in this Act shall be construed aa
require that any then pending in the Circn
Court shall be transferred to the Civil Court
Record.
Sec. 10 The Civil Court Of Record in exis
ence under and by virtue Of the Act approve
June sd, 1915, entitled can Act Creating Cip|
Courts of Record, Prescribing Their Jurisdictio
and Abohshing County Courts in Every Coun'
Having a Civil Court of Record, Providing
al fIvIlG ofF rn~1 .r@.
Prescribing the Jurisdiction of the Supreme Car
and Circuit Courts in Relation to Civil Courts
Record" and reproduced IN Sections s4ro
ssz4, both inclusive. Of the Revised Cruefsi ST.
utes of Florida, is hereby abolished its terrnin|
ton being in all respects effecfua and final whc
shall be lawfully commissioned: said conriss'e
shall be forthwith recorded in the Minutes Of a
Court hereunder established and thenceforward