Fees of witness

session of the court, shall be entitled to receive the same compensation they would have received had the court been in actual session.

(u)

SEC. 37. The pay of witnesses and jurors for each day's ates and jurors. tendance in the Circuit Court shall be one dollar and twentyfive cents, and ten cents per mile for actual distance traveled to and from the court-house. (v)

CHAPTER 128.

JUSTICES OF THE PEACE-CIVIL JURISDICTION.

1. Governor to appoint Justices of the Peace; jurisdiction; term of office.

2. Oath of office.

16. Who shall execute service of process for Justices of the Peace. 17. Proof of service, how made. 18. Creditors may have writ of

3. Before whom oath may be attachment from Justices. taken.

19. Bond required in attach

4. When Justice of the Peace ment. not to preside.

5. To retire of his own motion; judgments rendered when Justice disqualified, void.

6. Actions specified over which Justices of the Peace shall have jurisdiction.

7. Cases over which Justices can not have jurisdiction.

20. Affidavit necessary in attachment proceedings.

21. Form of writ of attachment. 22. How writ to be executed. 23. Property, how released from levy; effect of forthcoming bond. 24. When other than defendant may make claim bond.

25. In what cases attached prop

8. Justices to be conservators of erty may be sold.

the peace.

26. Compensation allowed for

9. Power to fine and imprison keeping such property.

for contempt.

27. What notice to be given

10. When security for costs may when defendant can not be found.

be required.

11. Liability of surety for costs.
12. What cases money may be

deposited in lieu of bond.

13. When and where Justice's court to be held.

28. Form of notice.

29. How long such notice to be published.

30. When default may be entered.

31. Pleadings to be used in at

14. Civil suits, how commenced tachment cases. in Justice's court.

32. What cases attachment

15. Service of summons, how ex- may be dissolved; defendant may ecuted. give bond for release and levy; ef

(u) Sec. 4, Chap. 252, Act of Jan. 9. 1849.

(v) Sec. 1, Chap. 3253, Act of Feb. 28,

fect on garnishee if attachment is erty in county; who to be sumdissolved.

33. What judgments to be settled first in cases of several attachments.

34. Writ of garnishment, when and how issued; service, how executed.

moned as garnishee, and how.

55. What affidavit to be made after execution issued and property of defendant is insufficient; purpose of affidavit.

56. What may be done in case property is in hands of parties not

35. Form of summons in such garnisheed.

cases.

57. Garnishee allowed fees as

36. Manner of service upon garn- witness. ishee.

37. Liability of garnishee.

38. When forthcoming bond may be given.

39. When suit to be considered commenced against garnishee. 40. When garnishee may be punished for contempt.

41. When default entered against garnishee may be set aside.

42. Pleadings necessary to judgment when garnishee appears.

43. Justice to examine garnishee or other witnesses.

44. When judgment to be entered against garnishee.

45. Garnishee may appear for defendant.

58. Appeals may be taken in garnishment proceedings.

59. What to be appearance and trial terms; judgment by default, when to be taken; how long case may be continued.

60. When depositions of witness may be taken.

61. How and when causes may be removed from one court to another.

62. Rules of pleadings to be observed in courts of Justices of the Peace.

63. Defendant may confess judgment; effect of such confession of judment.

64. Suit on bonds, &c., joint or several not a bar to claims against

46. Issues in such cases, how those not made parties. tried.

47. When plaintiff nonsuited, how judgment to be entered.

48. If plaintiff recover judgment, how entered.

65. Justices of the Peace to keep docket; what docket shall contain. 66. What rules of evidence applicable.

67. Judgments, how entered in

49. Effect of judgment against cases of set-off. garnishee.

50. When judgment to be entered against garnishee, and garnishee liable for costs.

51. What cases garnishee shall be considered as indebted to defendant.

52. Garnishee not liable to defendant, in what cases.

68. Plea of non est factum to be in writing and under oath.

69. Power of Justices of the Peace to issue subpoenas to take interrogatories under commission.

70. When Justices of the Peace to enter judgment against sureties.

71. Judgment upon confession to be entered with or without ser

53. In what order judgments to vice. be satisfied.

54. What affidavit to be taken when defendant has no visible prop

72. Manner of proceeding to recover possession of chattels; requisites of affidavit.

73. Affidavit and bond to have throughout the county; how sent what effect. to another county.

78. Authority of officer when cuit Court; force of judgment property is concealed.

92. Responsibilities of officers peal is perfected; proceedings beserving execution.

Justice die, resign or is removed execution against plaintiff. after appeal.

123. Attorney-General author

112. Proceedings when appeal is ized to prepare forms, &c.

papers.

Affidavit when claim is inter

120. Fees of Justices of the posed for property. Peace.

121. When costs paid by county

and when by State.

122. When Justices may issue

Form of claim bond.

Form of garnishment.

Form of replevy bond.
Distress for rent.

appellate.

SECTION 1. The Governor shall appoint as many Justices of Jurisdiction, the Peace as he may deem necessary. Justices of the Peace original and shall have jurisdiction in civil actions at law in cases in which the amount or value involved does not exceed one hundred 15 Fla., 737. dollars; and in criminal cases their powers shall be fixed by law. Their powers, duties and responsibilities shall be regulated by law. They may hold their offices for the term of four years, subject to removal by the Governor for reasons satisfactory to him. (a)

SEC. 2. Each and every Justice of the Peace who may be ap- Oath of office. pointed, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation before some other Justice of the Peace or some Judge of the Circuit Court. (b)

SEC. 3. When any Justice of the Peace shall be appointed, Before whom and there shall be no Judge or Justice of the Peace convenient, to be taken. before whom he can take the oath or affirmation prescribed by law, it shall be lawful for such Justice of the Peace to take the oath or affirmation before any person named by the Governor. (c)

SEC. 4. No Judge of any court or Justice of the Peace shall

(a) Sec. 15, Art. 6, Const. of 1868, as amended in 1875.

(b) Sec. 3. Act of Nov. 27, 1829.
(c) Sec. 6, Act of Nov. 21, 1828.

Judges or

Peace may not preside in cer

sit or preside in any cause to which he is a party, or in whici. Justices of the he is interested, or in which he would be excluded from being a juror by reason of interest, consanguinity or affinity to either of the parties; nor shall he entertain any motion in the cause other than to have the same tried by a competent tribunal. (d)

tain cases.

Judge shall

retire of his own motion.

SEC. 5. The Judge or Justice so incompetent shall retire of his own motion, and without waiting for an application to that effect; that any and all judgments, decrees and orders made by a Judge or Judges so incompetent shall be of no force or validity, and are hereby declared to be null and void, except tribunals void. an order for the trial of the cause as herein before provided.

Judgments

rendered by incompetent

What actions Justice of the Peace shall have jurisdiction of.

(d)

SEC. 6. Justices of the Peace shall have jurisdiction in the following actions:

1. In actions arising on contracts for the recovery of money only where the sum demanded does not exceed one hundred dollars.

2. In actions for damages for injury to rights pertaining to the person or to personal or real property when the damages claimed do not exceed one hundred dollars.

3. In actions for a penalty not exceeding one hundred dollars.

4. In actions commenced by attachment of property as provided by statute, if the debt or damages claimed do not exceed one hundred dollars.

5. In actions upon bonds conditioned for the payment of money not exceeding one hundred dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due. When the payments are to be made by installments, an action may be brought for each installment as it becomes due, when the installments do not exceed one hundred dollars each.

6. In actions upon judgments rendered in Courts of Justices of the Peace, or by Justices or other inferior courts in cities; but no such action shall be brought in the same county within five years after the rendition of the judgment, except where the docket or record of such judgments shall be lost or destroyed.

7. To take and enter judgment on the confession of the defendants, when the amount confessed does not exceed one hundred dollars, exclusive of costs.

8. In actions for damages for fraud on the sale, purchase or exchange of personal property where the damages claimed do not exceed one hundred dollars.

9. In actions to recover the possession of personal property and damages for the detention thereof, where the value of the property does not exceed one hundred dollars.

(d) Secs. 1 and 2, Chap. 1327, Act of Dec. 4, 1862.