Process, how served. 15 Fla., 201. Service of process on agent of foreign corporations. corporations when there is a failure to elect officers. Service. in the county wherein such company may have an agent or other representative. (8) SEC. 24. In all actions which may be instituted against any incorporated company, it shall be sufficient to issue a summons commanding the corporation, by its corporate name, to appear and answer; which summons shall be served on the president or other chief officer of the company, or upon the treasurer or secretary, or clerk, or in their absence by leaving a copy there at any business office of the company with the person having charge thereof, or in default of such service to serve the sam upon any director or trustee of such company, or at his usua place of abode or of business. (s) SEC. 25. In all cases in which any foreign corporation, inst rance or banking company, transacting business by or through an agent in this State, shall be liable to be sued, the servic of the writ or other process upon such agent shall be taken to be as valid a service upon such corporation, of which he is agent at the time of such service, as if such corporation, insurance or banking company was located in, and had been char tered by the Legislature of this State. (t) SEC. 26. When a summons ad respondendum, scire facias or Suits against subpoena in chancery shall be issued against any corporation in this State, and the same cannot be served upon any of the officers of said corporation, owing to the failure of said cor poration to elect such officers, their absence from the State for the period of six months before the issuing of said writ, or because they are unknown, it shall be the duty of the sheriff to return said writ, with the causes of his inability to serve the same; and upon the return of said writ as aforesaid, the Judge of the court from which the same shall have issued shall make an order, at any time, setting forth the names of the parties. the nature of the action, suit or other proceeding, the court in which the same has been instituted, and requiring the said corporation to appear and defend the said action, suit or other proceeding at the ensuing term of said court; and the publi cation of said order once a week for the space of two months, in some newspaper published in the circuit in which said action, suit or other proceeding shall be instituted, shall be taken and deemed to be a full and sufficient notification to the said cor poration of the institution of said action, suit or other proceeding: Provided, however, That no judgment by default or decree pro confesso shall be taken or rendered against said corporation until due proof shall have been made of the pub lication of said order, as hereinbefore provided. (u) Publication. Proviso. When decla SEC. 27. In all actions brought to any of the Circuit Courts of the State, it shall be the duty of the plaintiff, or his attor ney, to file with the clerk his declaration on or before the rule 12 Fla., 138-579. day, to which the process is made returnable. (v) ration to be filed. (8) Secs. 24 and 25, Chap. 1639, Act of (7) Chap. 1116, Act of Feb. 12, 1881. (v) Sec. 20, Act of Nov. 2, 1825. # amended by Chap. 1938, Act of Feb. 1873. SEC. 28. Every declaration shall commence as follows, or to Form of the like effect: (Venue) "A B by E F, his attorney (or in per- declaration. son) sues C D for" (here state the cause of action). And shall (conclude) as follows or to the like effect: "And the plaintiff, claims $ (or if the action is brought to recover specific goods), the plaintiff claims a return of said goods or their value and $ for their detention." (w) 9 Fla., 490. may be con SEC. 29. In all cases where the defendant resides within the Particulars of jurisdiction of the court, and the claim is for a debt or liqui- demand, what dated demand in money, with or without interest, arising upon sidered. a contract express or implied, as, for instance, on a bill of exchange, promissory note, or other simple contract debt, or on a bond or contract under seal for payment of a liquidated amount of money, or on a statute, where the sum sought to be recovered is a fixed sum, or in the nature of a debt, or on a guarantee, whether under seal or not, where the claim against the principal is in respect of such debt or liquidated demand, Fla., 208. bill, cheque or note, the plaintiff shall be at liberty to make 5 Fla., 211. upon the writ of summons and copy thereof a special endorsement of the particulars of his claim; and when a writ of summons has been endorsed in the form heretofore mentioned, the endorsement shall be considered as particulars of demand, and no further or other particulars of demand need be delivered, unless ordered by the court or a Judge. (x) 5 2 Fla., 418. SEC. 30. All bonds, notes, bills of exchange, covenants and Cause of action accounts, upon which suit may be brought, or a copy thereof, shall be filed with the declaration. (y) to be filed. 6 Fla., 372. SEC. 31. No declaration or other pleading shall be abated or Clerical mis quashed for any defect in matter of form, nor for any clerical takes, &c. mistake or omission not affecting the real merits of the cause; but the same, upon motion, may be amended without delay or cost, if there be a good and sufficient cause of action or of defence substantially set forth in the declaration or other pleadings. (z) and slander. SEC. 32. In actions of libel and slander the plaintiff shall be Actions of libel at liberty to aver that the words or matter complained of were used in a defamatory sense, specifying such defamatory sense, without any prefatory averment to show how such words or matter were used in that sense, and such averment shall be put in issue by the denial of the alleged libel or slander; and when the words or matter set forth, with or without the alleged meaning, show a cause of action, the declaration shall be sufficient. (a) (7) Sec. 20, Chap. 1096, Act of Feb. 8, 1861. (2) Sec. 3, Chap. 1096, Act of Feb. 8, 1861. (y) Sec. 35, Act of Nov. 23, 1828. (z) Sec. 25, Act of Nov. 23, 1828. Goods sold. Work and materials. Money lent. Money paid. Money received 2 Fla., 422. Account stated. Land sold. Good will. For use of FORMS OF PLEADING. Statement of Causes of Action on Contracts. GOODS SOLD. SEC. 33. (1.) Money paid by the defendant to the plaintif for (these words, "Money payable," &c., should precede money counts, but need only be inserted in the first) goods bargained and sold by the plaintiff to the defendant. (1) WORK AND MATERIALS. (2.) Work done and materials provided by the plaintiff for the defendant at his request. MONEY LENT. (3.) Money lent by the plaintiff to the defendant. MONEY PAID. (4.) Money paid by the plaintiff for the defendant at his rerequest. MONEY RECEIVED. (5.) Money received by the defendant for the use of the plaintiff. ACCOUNT STATED. (6.) Money found to be due from the defendant to the plaintiff on accounts stated between them. FOR LAND SOLD. (7.) A messuage and lands sold and conveyed by the plaintiff to the defendant. FOR GOOD WILL. (8.) The good will of a business of the plaintiff sold and given up by the plaintiff to the defendant. FOR THE USE OF A HOUSE AND LAND. (9.) The defendant's use, by the plaintiff's permission, of house and land. messuages and lands of the plaintiff. For hire of goods, &c. For freight. FOR HIRE OF GOODS, ETC. (10.) The hire of, (as the case may be,) by the plaintiff let to hire to the defendant. (b) FOR FREIGHT. (11.) Freight for the conveyance by the plaintiff for the defendant at his request of goods in ships. (b) Forms of Pleadings, Chap. 1096, Act Feb. 8, 1861. (1) For Forms of Declarations, &c., see 1 Fla., 277, 403; 5 Fla., 211; 2 Fla., 422: Fla.. 144; 16 Fla., 738; 4 Fla., 332, 411; 2 Fla., 49; 4 Fla., 158; 6 Fla., 372; 9 Fla, 506; 10 Fla., 198; 8 Fla., 21; 17 Fla., 100; 6 Fla., 351; 16 Fla., 339. FOR DEMURRAGE. (12.) The demurrage of a ship of the plaintiff kept in de- For demurrage. murrage by the defendant. PAYEE AGAINST MAKER OF NOTE. (13.) That the defendant on the day of A. D. Payee, vs. ma ker of note. 18 by his promissory note, now over due, promised to pay (six) months after date, but did not pay to the plaintiff $ the same. INDORSEE AGAINST INDORSER OF NOTE. indorser. (14.) That one A. M., &c., (date) by his promissory note, Indorsee vs. now over due, promised to pay to the defendant or order $ (six) months after date; and the defendant endorsed the same to the plaintiff; and the said note was duly presented for payment, and was dishonored, whereof the defendant had due notice, but did not pay the same. DRAWER AGAINST ACCEPTOR OF BILL. (15.) That the plaintiff or, &c., (date) by his bill of ex- Drawer vs. change now over due directed to the defendant, required the acceptor. defendant to pay to the plaintiff $ (two) months after date, and the defendant accepted the said bill but did not pay the same. PAYEE AGAINST DRAWER. drawer. (16.) That the defendant, on, &c., (date) by his bill of ex- Payee vs. change, directed to A., required A. to pay the plaintiff $ (two) months after date; and the said bill was duly presented for acceptance, and was dishonored, of which defendant had due notice, but did not pay the same. BREACH OF PROMISE OF MARRIAGE. (17.) That the plaintiff and defendant agreed to marry one Breach of promanother, and a reasonable time for such marriage has elapsed, ise of marriage. and the plaintiff has always been ready and willing to marry the defendant, yet the defendant had neglected and refused to marry the plaintiff. WARRANTY OF A HORSE. (18.) That the defendant, by warranting a horse to be then warranty sound and quiet to ride, sold the said horse to the plaintiff, yet of horse. the said horse was not then sound and quiet to ride. FOR NOT LOADING PURSUANT TO CHARTER PARTY. charter party. (19.) That the plaintiff and the defendant agreed, by charter Not loading party, that the plaintiff's ship, called the "Ariel," should, with pursuant to all convenient speed, sail to "R," or so near thereto as she could safely get, and that the defendant should there load her with a full cargo of or other lawful merchandise, which she should carry to "H," and there deliver, on payment of freight$ per ton, and that the defendant should be allowed Upon lease for rent. Covenant to repair. Wrongs independent of contract. Trespass to land. Assault, bat ten days for loading and ten for discharge, and ten days for demurrage, if required, at $ per day; and that the plaintiff did all things necessary on his part to entitle him to have the agreed cargo loaded on board the said ship at "H," and that the time for so doing has elapsed, yet the defendant made default in loading the agreed cargo. UPON A LEASE FOR RENT. (20.) That the plaintiff let to the defendant a house, No. D. UPON A COVENANT TO REPAIR. , A (21.) That the plaintiff by deed let to the defendant a house No. Quincy, to hold for years from the day of A. D. and the defendant by the said deed covenanted with the plaintiff well and substantially to repair the said house during the said term, (according to the covenant,) yet the said house was, during the said term, out of good and substantial repair. For Wrongs Independent of Contract, TRESPASS TO LAND. (22.) That the defendant broke and entered certain land of the plaintiff called Big Field, and depastured the same with cattle. ASSAULT, BATTERY AND FALSE IMPRISONMENT. (23.) That the defendant assaulted and beat the plaintiff, tery and false gave him into custody to a policeman and caused him to be imprisonment. imprisoned in a police office. Criminal CRIMINAL CONVERSATION. (24.) That the defendant debauched and carnally knew the conversation. plaintiff's wife. Wrongful conversion. 13 Fla., 501-621523. 14 Fla., 50. Wrongful detention. Defamation. WRONGFUL CONVERSION OF GOODS. (25) That the defendant converted to his own use or wrongfully deprived the plaintiff of the use and possession of the plaintiff's goods; that is to say, iron, hops, (or as the case may be.) WRONGFUL DETENTION OF PROPERTY. (26.) That the defendant detained from the plaintiff his title deeds of land called in the county of is to say, (describe the deeds, &c.) DEFAMATION OF CHARACTER. ; that (27.) That the defendant falsely and maliciously spoke and published of the plaintiff the words following: that is to say. "he is a thief," (if there is any special damage, state it with reasonable certainty, so as to give notice to defendant of the |