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1850.

CHAPTER 373.-[No. 62.]

AN ACT to provide for the more effectual administration of Justice in the Courts of this State.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That whenever any cause may be pending in any of the Circuit Courts of this State, and the same cannot be heard, tried, or determined by reason of the disqualification of the Judge of such Court to hear and Cause may be determine the same, it shall be lawful for either party thereto to pretransferred. sent his petition to such Judge, praying that said cause be transferred to some other Circuit Court, and it shall be the duty of the Judge so disqualified to have said cause removed to some Court in the next nearest Circuit; but if the Judge in the nearest Circuit be also disqualified, some other Circuit shall be selected for that purpose.

Witnesses.

Clerk shall transfer papers

SEC. 2. Be it further enacted, That whenever a cause is removed under the provisions of this act, the testimony of the witnesses resid. ing in the County from which it is removed, may be taken in the manner provided by law for taking the testimony of witnesses resid. ing out of the County in which any suit is pending.

SEC. 3. Be it further enacted, That on the removal of a cause by virtue of this act, it shall be the duty of the Clerk of the Court in which such cause was pending, to transmit all papers in his office belonging thereto to the Clerk of the Court to which said cause may be ordered to be transferred, together with a certificate of the order of transfer, provided the party applying for the transfer shall first pay all costs which have accrued in such cause,

SEC, 4. Be it further enacted, That whenever the Judge of a CirWhen Judge cuit Court shall be unable, from absence, sickness, or other cause, disqualified,&c or shall be disqualified from interest or any other cause to discharge any duty whatever appertaining to his office, which may be requir ed to be performed in vacation or between terms, it shall be the duty of any other Circuit Judge, on the application of any party, to perform such duties, and hear and determine all such matters as may be submitted to him; and such Judge may discharge said duties either in his own or any other Circuit, and shall be substituted in all respects in the place and stead, in the matter aforesaid, of the Judge unable or disqualified to act,

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SEC. 5. Be it further enacted, That whenever it shall be made satisfactorily to appear to the Governor of this State that from the number or character of causes pending or the number of witnesses to be examined, or from other cause, it would be unjust or greatly inconvenient to transfer such suit or suits to another Circuit, in consequence of the Judge of the proper Circuit being disqualified to try the same, the Governor shall have power either to order an extra term of Court to be held by a Judge of another Circuit to try said suit or suits, or to direct an interchange of Circuits for the time be

ing, between the Judge so disqualified and some other Judge comcauses, and it is hereby made the comply with said order or direc

petent to try and determine said duty of such Judge or Judges to

tion.

[Passed the Senate, January 20, 1851. Passed the House of Representatives, January 22, 1851. Approved by the Governor, January 24, 1851.]

CHAPTER 374.-[No. 63.]

AN ACT to amend the several Acts now in force in relation to Pleadings in
Civil Suits.

SECTION 1, Be it enacted by the Senate and House of Representa. tives of the State of Florida in General Assembly convened, That hereafter in all actions upon prommissory notes and other instruments of writing, wherein a total failure of consideration may be now pleaded, partial failure of consideration may be pleaded in such manner as is now provided for filing such pleas of total failure of consideration: Provided, That the grounds of defence shall be fully pleaded.

[Passed the Senate, December 23, 1850. Passed the House of Representatives, January 4, 1851. Approved by the Governor, January 11, 1851.]

CHAPTER 375.-[No. 64.]

AN ACT to amend the laws now in force in this State relative to the foreclosure of Mortgages.

1840.

Pleadings.

Subpoena may

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That hereafter, when any bill in chancery shall be filed for the foreclosure of any mortgage in the county where the mortgaged property is sit- be issued. nated, and the mortgagor, or other person entitled to or interested in the equity of redemption shall reside in any other county in the State, a subpoena may be issued as in other cases, and may be served by the Sheriff of the county in which the defendant may reside, or by the sheriff of the county in which the defendant may be found. SEC. 2. Be it further enacted, That all laws and parts of laws contrary to the provisions of this act, be, and the same are hereby Repeal. repealed.

[Passed the Senate, January 21, 1851. Passed the House of Representatives, January 23, 1851. Approved by the Governor, January 24, 1851.]

CHAPTER 376.-[No. 65.]

AN ACT to amend an Act entitled "An Act to exempt Homesteads from Execution, Attachment and Distress," Approved March 11, 1845.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That

1850. the provisions of the first section of " An act to exempt Homesteads from Execution, Attachment and Distress," approved March 11, Lot & Dwell- 1845, in favor of every farmer seized and possessed of forty acres of ing house ex-land, be, and the same is hereby extended so as to grant a similar empted. exemption, under the same restrictions, (except as to the requisition that he shall " actually have in cultivation at least ten acres" of land,) to every owner of a dwelling house and the lot on which the same stands, in any city, town or village of this State: Provided, Said owner shall actually reside in said house: And provided, The value of said house and lot shall not exceed three hundred dollars, to be ascertained as provided for in the act to which this is an amendment, and in case of an excess, the same proceedings shall take place as are therein directed.

Proviso.

exempt.

SEC. 2. Be it further enacted, That all lands which may be locaCertain land ted by any officer or soldier, under any warrant issued under and by virtue of the act of Congress granting bounty lands, approvel 28th September, 1850, be, and the same are hereby exempted from Execution, Attachment or Distress, as long as said lands may be in possession of the officer or soldier locating the same.

be

[Passed the Senate, January 1, 1851. Passed the House of Representatives, January 17, 1851. Approved by the Governor, January 22, 1851.Ĵ

CHAPTER 377.-[No. 66.]

AN ACT to amend An Act entitled An Act for securing liens to Mechanics,
Overseers and others, approved December 29, 1845.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That whenever any person shall wish to proceed against any property upon which he may have a lien by virtue of the act entitled an act for securing liens to Mechanics, Overseers and others, approved DecemSuits may ber 29, 1845, and the contractor for whom the work was done or commenced by attachment, materials furnished, resides out of the State, or absconds, or conceals himself, so that the ordinary process of law cannot be served upon him, and no property can be found within the limits of the county in which the lien accrues, which can be taken by the process of attachment, and the Sheriff makes a return to that effect, then the suit may be commenced by summons served upon the owner of the land on which the buildings are situated for which the work was done or for which the materials were furnished, in the same manner as though he had been the original debtor, and notice of the institution of said suit shall also be given in the same manner as is required in the suit by attachment in the case of absent defendants,

[Passed the Senate, December 16, 1850. Passed the House of Representatives, December 23, 1850. Approved by the Governor, December 31, 1850.]

1850.

CHAPTER 378.-[No. 67.]

AN ACT to amend the laws now in force in relation to the establishment of lost papers.

establish.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That Lost papers— publication whenever it may be desired to establish copies of lost papers, under shall be made any statute of this State, when the party or parties against whom, or of intention to against whose interest the establishment of a copy of the lost paper will operate, resides beyond the limits of this State, or in parts unknown, it shall be lawful for the party desiring to establish the same, to give notice by publication in any newspaper of this State, once a week for the space of four months, and such notice shall set forth fully and entirely a substantial copy of the paper desired to be established: Provided, Nothing in this act shall be construed to supersede any of the forms prescribed by law for the establishment of lost papers: Provided, however, That nothing in this act contained shall Proviso, operate as a repeal of the special acts for the establishment of lost papers and records in the counties of Gadsden, Jackson, Columbia and St. Lucie.

[Passed the House of Representatives, January 16, 1851. Passed the Senate, January 22, 1851. Approved by the Governor, January 24, 1851.

CHAPTER 379.-[No. 68.]

AN ACT to prevent any person or persons being made liable for the payment of any subscription or subscriptions to any newspaper or newspapers, any periodical or periodicals, or any document or documents, without said person or persons shall subscribe for, or in writing request [or] order the same to be addressed to himself, herself or themselves.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That

from and after the passage of this act, no person or persons shall be Case when lialiable to pay for any newspaper or newspapers, any periodical or ble. periodicals, or any document or documents, unless he, she or they

shall subscribe therefor, or order the same in writing.

[Passed the House of Representatives, January 11, 1851. Passed the Senate January 17, 1851. Approved by the Governor January 23, 1851.]

CHAPTER 380.-[No. 69.]

AN ACT authorizing Judges of Probate to set apart Dower.

Representa

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That tive shall lay

it shall be the duty of the representative of any estate, the heir or off dower. heirs at law, or other person, having the next estate of freehold or

1850.

inheritance in any lands or estate, real or personal, of which the widow is entitled to dower or a child's part, provided he, she, or they, be of lawful age, to lay off and, assign such dower as soon as practicable, after the death of the husband of such widow; and in cases where the heir or heirs at law, or other person or persons having the next estate of freehold or inheritance in lands or estate, real or personal as aforesaid, shall be minors, it shall be the duty of the Judge of the Court of Probate, after a lapse of two months next after the decease of said husband, to require the representative of any such estate to proceed in causing the dower or child's part of said widow to be assigned and set over to her.

SEC. 2. Be it further enacted, That for the purpose of enabling the representative of any estate, the heir or heirs at law, or other person May petition having the next estate of freehold or inheritance in any lands or es

Court

tate of which the widow is entitled to dower or child's part, to lay off and assign such dower, it shall and may be lawful for him, her, or them, to file a petition in the Circuit Court or Probate Court, in the County where her husband shall have usually dwelt, next before his death, (if there be neither of said Courts in said County, then, in that case, in the next adjoining County,) for the laying off, setting apart and assigning the same, in the form and manner prescribed by law for laying off, setting apart, and assigning dower, upon the applica tion of the widow.

SEC. 3. Be it further enacted, That if such heir or other person Widow may shall not, within two months next after the decease of said husband, petition. assign and set over, or cause to be assigned and set over, to the widow of the deceased, her dower or child's part, in manner as aforesaid, in and to any property whereof by law she is or may be dowable, according to the true intendment of law, then such widow claiming dower, may file her petition in the Circuit Court or Probate Court in the County where her husband shall have usually dwelt, next before his death, (if there be neither of said Courts in said County, then, and in that case, in the next adjoining County,) for the recov ery of the same, in the form and manner prescribed by law for assigning and setting apart dower or child's part.

Assignment of

SEC. 4. Be it further enacted, That in all cases of assignment of dower or child's part, it shall be the duty of the Court in which apchild's part. plication is thus made to either confirm or reject the allotment or assignment made, and such decree of confirmation or rejection, shall be considered a final decree, and may be appealed from within the same time, and in the same mode and manner, and to the same tribunal, as appeals from the decision of said Court in other cases.

Repeal.

SEC. 5. Be it further enacted, That all laws, or parts of laws, inconsistent with the spirit and meaning of this act, be, and the same are hereby repealed.

[Passed the Senate, January 7, 1851. Passed the House of Representatives January 13, 1851. Approved by the Governor, January 22, 1851.]

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