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Acts of the Legislative Council of the Territory of Florida
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 Material Information
Title: Acts of the Legislative Council of the Territory of Florida
Uniform Title: Laws, etc. (Session laws 1822-1833)
Physical Description: 23 v. : ; 25 cm.
Language: English
Creator: Florida
Publisher: Printed at the Office of the Florida Intelligencer
Place of Publication: Tallahassee
Creation Date: 1823
Publication Date: 1822-1833
 Subjects
Subjects / Keywords: Law -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 1st (1822)-11th sessions (1833).
General Note: Imprint varies.
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494349
System ID: UF00073402:00002
 Related Items
Succeeded by: Laws of the Legislative Council of the Territory of Florida

Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Table of Contents
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    Acts of the legislative council of the territory of Florida, passed at their second session, 1823
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    To the President of the United States
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    By Congress: An act, to amend "an act for the establishment of a territorial government in Florida"
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Full Text






PY THE


LEGISLATIVE COUNCIL

OP THE


Territory of


Florida:


PasseL at theiruc Secona Session





PUBLISHED BY AUTHORITY.
PE.TS.AdCOI.A:
Printed by.... Jon FrITZUB~e AL & Co....1829,







COSXT&T .





An act to provide for the permanent establish-
ment of the County seats in the Counties of Jack-
son, Duval and Gadsden, in the Territory of Flo-
rida, : 3
An act to establish Boards of Health in the Cities
of St. Augustine and Pensacola, : : : : 4
An act to prevent stone horses and asses from
running at large in the Territory of Florida, : 5
An act for regulating fences in the Territory of Flo-
rida, : : : : : : : 6
An act to regulate the Counties and establish
County Courts in the Territory of Florida, : 8
An act for recording marks and brands and concer-
ning estrays, : : : : 12
An act for the removal and prosecution of procee-
dings at law and in equity begun and remaining
unfinished in any of the former courts of this
Territory, : : : : 15
An act to provide for holding terms of the Superi-
or Courts in the Counties of Jackson and Duval
in the Territory of Florida, : 18
An act to provide for the partition of lands in this
Territory, in the Courts of Common Law there-
of, : ib.
An act concerning arbitrators and awards, : 23
An act to legalize certain conveyances of property
in the Territory of Florida, : 26
An act authorising the appointment of justices of
the peace and defining their powers, : ib.
An act to provide for the establishment of the seat
of government in the Territory of Florida, : 33







CONTENTS.

An act to authorize the attorneys for the Territory
to appoint deputies, : : : : : 35
An act regulating the mode of proceeding on at-
tachments, i .
An act respecting the probate of wills and the gran-
ting of letters testamentary and letters of admin-
istration, and the duties of executors, adminis-
trators and guardians, : : : : 43
An act to incorporate the Charitable Society in the
City of St. Augustine, 58
An act assigning duties to the'Marshals of the
United States for the Territory of Florida : 59
An act regulating executions; : : : 61
An act to incorporate Floridian Virtues Lodge
No. 28, in the City of St. Augustine, : : 66
An act for preventing and avoiding fraudulent con-
veyances, : : : : : 67
An act to provide for the remuneration of such per-
sons as have paid taxes under the late revenue
laws of this Territory, : : : : 70
An act for the benefit of honest insolvent debtors
and to protect creditors against the frauds of
dishonest insolvents, : : : 71
An act to amend an act entitled an ac* concern-
ing guardians and wards, masters and apprenti-
ces, : : : 78
An act to regulate the driving or bringing into the
Territory of Florida, neat cattle belonging to
persons, citizens of the several states, : : : 79
An act -to regulate proceedings in Chancery in the
several courts in Florida, : : : 81
An act providing for the election ofa Delegate to
Congress, : : : : : 91
An act to regulate conveyances of real property,
and the recording thereof, and to prevent frauds
and forgeries, and for other purposes, : 9

An act concerning wills, : : : 10

An act authorizing a trial de novn in allcases car-
rJ d up by appeal from the decisions ofjusticcs
o! tiie peace, to the County Courts of this Terri-
to : : : : : : : : 104

An act to amend an act entitled an act to incor-
porale the city of llnsaichla, and improve the
public roads in the neighborhood thiecof;" 10o







CONTENTS.

An act authorising the Governor during the recess
of the Legislative Council to make certain ap-
pointments, 106
An act directing the appointment of a clerk of the
Superior Court in the Counties of Jackson and
Duval, ib
An act for the summoning of grand and petit ju-
rors, and for other purposes, 107
An act to continue in force certain acts cf the last
session of the Legislative Council of Florida, 110
An act to provide for an additional term of the
Superior Court in the District of West Florida, ib.
An act providing for the adoption of the common
and statute laws of England and for repealing
certain laws and ordinances, : : 111
An act concerning bonds and notes, : 112
An act to incorporate the Roman Catholic Congre-
gation of St. Augustine, : : : 113
An act to incorporate the Protestant Episcopal
Congregation of St. Augustine, : : 114
An act to provide for the collection of Rents, 115
An act in addition to an act for the appointment
of keepers of the Public Archives," : 117
An act to authorize and regulate the foreclosure
of mortgages by the Courts of Common Law of
this Territory, and for other purposes, : 118
An act to provide for the organization of a County
South of Charlotte Harbour in the Territory of
Florida, : : : : : : : 122
An act to incorporate the Roman Catholic Congre-
gation of the City of Pensacola, : : 124
An act to amend an act entitled an act organiz-
ing the militia of the Territory, : : 126
An act concerning the whipping of criminals, 128
An act concerning wreckers and wrecked property, ib.
An act to establish the fees of certain officers and
for other purposes, : : 132
An act to extend the authority of the judges and
clerks of the County Courts in certain cases, 138
An act to provide for the compensation of the
clerks and messenger of the Legislative Council, 139
An act in addition to an act authorising the ap-
pointment of justices of the peace" : ib.
An act to provide for levying a poll tax, : 140

An act to amend an act entitled "an act concerning
limitation of actions," : : : 142







CONTENTS.

An act to amend an act entitled an act regulating
Civil proceedings, : : 142
Memorial to the President of the United States, 145
Resolutions, : : : : 147
Appendix, act of Congress to amend '"an act for
the establishment of a territorial government in
Florida, : : : : : 151
An act amending, and supplementary to, the "Act
for ascertaining claims and titles to land in the
Territory of Floridas" and to provide for the sur-
vey and disposal of the public lands in Florida. 157
An act to carry into effect the ninth article of the
treaty concluded between the United States and
Spain, the twenty second day of February, one
thousand eight hundred and nineteen, 161










OF THE


Legislative Council.


'' i -i i "--

AN ACT,

to provide for the permaneAt establishment of the county seats in
the counties of Jackson, Duval, and Gadsden, in the Territory of
Florida.

Be it enacted by the Governor and Legislative Court-
til of the Territory of 4lorida; That it shall be the du-
ty of the county courts of the counties of Jackson, Du-
val and Gadsden, at the first term of said courts, any
three of the justices of the peace of said courts being
present and concurring therein, to appoint within their
counties respectively, three discreet and impartial per-
sons, whose duty it shall be under the commission of
said courts, to examine and select the most convenient
and eligible situation for the permanent seat of justice
for the said counties respectively.
SEc. 2. Be it further enacted, That the decision of the
said commissioners or any two of them, shall be final, and
the situation thus selected shall thenceforh constitute
the seat of justice for said Counties respectively until
otherwise provided by law.


Cbmmissionersto
be appointed








Thea decision fi
nal









Lomlpensatior SEC. 3. Be itfurther enacted, That the said conmmi-
sioners shall be entitled to receive such compensation
for their services as may be directed by the said courts
respectively.
SSEc. 4. Be it further enacted, That the said commis-
repoort wrtten sioners shall make a report in writing of all their pro.
ceedings by virtue of this act to the said county courts,
at such times and places as the said courts may respec-
tively direct.
To take an oath Shc. 5. Be it further enacted, That the said commis-
sioners previous to entering on the duties of their office
shall take an oa:h to perform the duties of their office
without partiality favor or affection.

GEO. MURRAY,
President of the Legislative Council.
Attested,
F. J. FATIO, Cler-,
(Approved June llth 18253,

WM. P. DUVAL,
Governor of the Territory of Florida-



AN ACT,

I'o establish boards of health in the Cities ot St. Augustine and
Pensacola.


Power to pass
quarantine laws










To consist of Al
dermenand ares
-ient physician


Be it enacted by the Governor and Legisiativ'
Council of the Territory of Florida, That there shall be
established in the cities of St. Augustine and Pensaco-
la, Boards of Health, which shall be and hereby are
erected into bodies corporate, by the name and title of
the Board of Health" of St. Augustine, and of the
" Board of Health" of Pensacola, and the boards of
health thus established shall have full power to pass all
quarantine laws, and to make such regulations for the
preservation of the health of their respective cities as
may seem to them good and proper.
SEc. 2. Be it further enacted, That the boards of
health established by this act, shall each consist of the
Aldermen of the Cities of St. Augustine and Pensacola,
and a resident Physician, to be appointed annually by
the Mayor and Aldermen, on the first day of May.-
The Resident Physician shall be ex-officio President of
4he board of health.









Src. 3. Be it further enacted, That so much of an act
(t to provide against the introduction of contagious dis-
eases, and for the establishment of boards of health il
the cities of St. Augustine and Pensacola, be and the
same is hereby repealed.
SEC. 4. Be itfurther enacted, That any four mem-
bers of the corporation of the cities aforesaid, shall
constitute a quorum during the months of July, Au-
gust, September, October and November, in each and
every year.
GEO. MURRAY,
President of the Legislative Council
Attested,
F. J. FATIO, Clerk.

Rejected by the Governor and passed by the re
quisite majority of the Council.



AN ACT,

To prevent stone Horses and Asses from running at large in the
Territory of Florida.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the
fifteenth day of December, one thousand eight hundred
and twenty three, it shall not he lawful for any stone
horse or ass to run at large within the Territory ofFlo-
rida, and if any stone horse or ass shall be found run-
ning at large, it shall and may be lawful for any person
to take up the same, and having taken him before the
next justice ofthe peacefor the county, by the permis-
sion of the said justice, may geld the same, taking care
that the operation be performed by a person usually do-
ing such business, for which the person so gelding
shall receive five dollars, to be paid by the owner of the
horse. Provided nevertheless, That if any person shall
take up and geld any such stone horse or ass contrary
to the true meaning and intent of this act, or without
fully pursuing the aforementioned directions, he shall
for every such offence forfeit to the party injured dou-
ble the value of such horse or ass, which value shall be
ascertained by two respectable freeholders who were
acquainted with such horse, and who shall act upon
oath ; to be recovered before any court having cogni-
zance of the same.


Part of an act re-
pealed



Four memnbersto
be a quorum


Lawful to take
up and geld thrci


Proviso









'aker np, not
choosing to geld
may advertise


SEC. 2. Be it furtherenacted, That any person who
shall take up any stone horse or ass, and does not choose
to geld him, may take him before any Justice of the
peace for the county, and shall cause the said horse or
ass with his brands and marks if he has any, and if not
with a desci'iption of him to be advertised in not less
than three of the most public places of the county, and
the person taking up the said horse or ass shall recover
from the owner thereof, before any justice of the peace
the sum of five dollars, and all reasonable expenses, of
keeping such horse or ass.


Attested,
F. J. FATIO, (


WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT,

For regulating fences in the Territory of Florida.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the
first day of May one thousand eight hundred and twenty
four, all fences or enclosures commonly called worm,
log, or post and railing fences that shall be erected and
made around, or about any garden, orchard,plantation,
or settlement, in this territory, shall be five feet high,
when staked and ridered, and from the ground to the
height of three feet. of every such fence or enclosure,
the rails or logs thereof, shall not be more than four in-
ches distant from each other, and that all fences or en-
closures that shall consist of paling, shall likewise be
five feet high from the ground, and the pales thereof
not more than two inches asunder, Provided, that when
any fence or enclosure shall be made with a trench or
ditch, the same shall be four feet wide, and in that
case the fence shall be five feet high, from the bottom of
the ditch, and three feet high from the top of the bank.
SEC. 2, Be itfurther enacted, That if any trespass
or damage shall be committed on any garden, orchard,
plantation or settlement, not being fenced or enclosed in


All fences to be
five feet high.








if ditched


GEO. MURRAY,
President of the Legislative Council.

lerk,
(Approved llth June 1823.)









manner as hereinbefore is directed, by the irruption, 'respais on land
breaking in or straying of any cattle, horses, sheep, not legal fen-
goats or swine, the owner of such cattle, horses, sheep,
goats or swine, shall not he liable to answer for such
trespass or to make good or satisfy aniy damage or in-
jury that shall happen or be committed by reason there-
of and in case any person shall kill, maim, hurt or des-
troy, or cause to be killed maimed hurt or destroyed
any cattle, horses, sheep, hogs, goats or swine so tres-
passing and straying or breaking into any garden, or-
chard, plantation or settlement not fenced and enclos-
e! in manner as by this act is directed, all and every
such person and persons shall answer and make good
to the owner or owners therc.f all such injury and da-
mages as he or they shall sustain tnereby, the same to
be recovered on due proof thereof before any court hav-
ing competent jurisdiction. q
SEc. 3. Be it also enacted, I.ut r othei. No cat~ es o
person not having a lawful fence, shall fix or cause lands withu-
be fixed in any of his enclosures any canes or stakes or iwful fence,.
any thing that shall or may kill, maim hurt or destroy
any cattle, horses, sheep, goats, or swine; under the
penalty of ten dollars for every such offence, to je re- -
covered before any justice of the peace upon confession
of such offender, or proof by one or more credible wit-
ness or witnesses, upon oath, one half of the penalty
thereof to go to the informer, and the other to the coun
ty.
SEC. 4. Be it also enacted, That in all trials to be had Title to land not-
by virtue of this act, the right of the party to the land to be questioned.
on which the trespass or damage shall be said to be
done, shall not be brought into question, but the same
shall be taken for gf1'ift4.MiIl intents and purposes
whatsoever.
GEO. MURRAY,


Presil
Attested,
F. J. FATIO, Clerk.


lent of the Legislative Council.


(Approved llth June 1823.)

WM. P. DUVAL.


Governor of the Territory of Florida









AN ACT,

.o regulate the Counties and establish County Courts in the Ter-
ritory of Florida.

Be it enacted, by the Governor and Legislative Council
of the Territory of Florida, That the Territory afore-
said shall be divided into five Counties in the manner
following, to wit : All that part of the Territory West
of the Chocktahacha (Choctawhatchie) river, shall con.
bloundaries of stitute the County of Escambia, all that part of the
Escambiacounty Territory East of the Chocktahacha, (Choctawhachy)
and West of the Apalachicola river, shall consti-
Jackson. tute the County of Jackson. All that part of the
Territory East of Apalachicola and West of the
Suwanee and Alapaha rivers shall constitute a County
Gadsden. to be called Gadsden, and that all that part of Florida
lying rth of tleij r St. Johns, and North of a line
S cOn nm Ae muh of Black Creek on said river
and .extending up said Creek to where its head waters
Dv interlock with the Waters of Alligator Creek, thence
in a direct line to the most Eastern waters of said Creek
thence down said Creek to its junction with the Santa
fe river, thence down said river to its confluence with
the Suwanee river, thence northwardly along the margin
of said river to the mouth of the Alapaha thence up said
river to thepoint where it intersects the northern boun-
dary line of said Territory tobe called Duval, and all the
remaining portion of Florida shall constitute a County
it. Johuls. to be called St. Johns.-
SEC. 2. Be it further enacted, That there shall be or-
County courts ganized in each of the said Counties thus established, a
how organized. Court to be called the Cnunty ort, and be composed
of one Judge each, to be bpinti- by the Governor
and Legislative Council, and hold his office during good
behavior subject however to be removed by the Gov-
ernor and Legislative Council or a majority thereof
and who before he enters onther'uties of his office shall
)ath ofJudge. take an oath to support the ConTvitution of the United
States, and .faithfully to execute the duties assigned
hinM without partiality favor or affection.
SEc. 3. Be furtherr enacted, That the County Courts
I'heir jurisdic- thus established shall, within their respective Counties,
tion. exercise jurisdiction over all sums above twenty and
under one hundred dollars, and appellate jurisdiction
over all sums under one hundred dollars, and concur-
rent jurisdiction in all criminal cases not capital, and
in all civil cases above a hundred dollars with the









Superior Court both in law antd equity, saving to all
persons the right of appeal or writ of error to the Sn-
perior Court.
SEC. 4. Be it further enacted, That if either party Appeal to (Supe-
may desire to appeal from the judgment of the Coun- rior Court.
ty Court, he may file his Bill of exceptions to the opi-
nion of said Court, praying that it may be signed, sealed,
and made a part of the record, and it shall be the duty
of the Judge to inspect the said Bill, and if it contain
the evidence or point decided correctly and precisely, he
shall sign, seal, and certify the same to the Superior
Court of the district in which the cause originated.
SEC. 5. Be it further enacted, That should the party Remredvforpariy
neglect to take an appeal he may at any time thereaf- neglecting to apl-
ter before the final Execution of the Judgement se- peal.
cure a Copy of the record and if there be any error in
the proceedings, he may assign said error and present
it to the Judge of the Superior Court either in term
time or vacation, and should the said Judge be of opi-
nion that injustice has been done or that there was er-
ror in the proceedings, he may award a writ of error to
the County Court in which the judgement was re-n
dered which shall be a Supersedeas and shall suspend
further proceedings, under the said Judgment or exe-
cution until the matters thereof shall be heard in the
said Superior Court, the writ of error thus awarded
shall be issued by the Clerk of said Court, and its ope-
ration as a Supersedeas shall be obeyed by the Clerk,
and Sheriff of the County Courts, respectively upon
notice thereof.
SEC. 6. Be it further enacted, That the Superior Superior Court
Courts shall have power to award a Certiorari IManda- may award Cer.
mus, or prohibition, which shall be obeyed by the couu- tiorari.
ty courts respectively.
SEC. 7. Be itfurtherenacted, That the county courts To be Courts of
hereby established, shall be the courts of probate with- Probate.
in their several counties.
SEC. 8. Be it further enacted, That the said Courts To have jurisdic-
shall have and exercise jurisdiction over the police uf tion over the po-
their respective counties, that the three first days of lice of Countier.
each term, or s,) much thereof as may be necessary,
shall be appropriated to the business of the county, and
when sitting for this purpose the justices of the peace
within said county or any three of them shall be asso-
ciated with the judge of the Coulity Court.
SEO. 9. Be it further enacted, That the said courts To have cogn"
and justices shall and may take cognizance of all mat- zance of matter
ters relating to the opening and keeping in repair of rplatinsto roa:r













',rltl; ad.
dalinnum
The poor
A
'oo er to I
taxes





Tro srpoiv
lors au e
lyles


All tic ji
of the coil
astend thi
session an


roads within their respective counties, appointing over-
seers and surveyors of said roads, establishing ferries,
erecting and keeping in repair bridges and causeways,
q.rod and granting writs of ad quod danniun for the erect-
ing of mills and other water works, and for the main-
tenance and support of the poor and irfirm of thlir
counties. The said courts with a majority of all the
justices of the county present, and concurring therein,
cry shall have power to levy and collect a poll or other tax
for the erection orrepairs of the necessary public buil-
dings of their respective counties, such as a courthouse
jail and clerks office, buildii.g bridges where necessary
and proper, and for such other purposes as may be oe-
signated by law. The said courts and justices or any
three of them, shall have power to appoint a jaiior and
rt i:i- as many constables for their respective counties as they
onsta- shall deem necessary, and the business and interests of
the said county may require. In opening and repair-
ing roads, personal service alone shall be required, or a
commutation in lieu thereof at the election of the per-
son whose services are required, not to exceed one ciol-
lar per diem.
IsiSccs SEc. 10. Be itfurther enacted, That it shall be the
r.ty to duty of all the justices of the peace of the counties to at-
e first tend punctually at the first term of their respective
nually county courts of every year for the purpose of making
county levies if necessary and attending to the general
interest of the county under the penalty of ten dollars,
to be recovered before any justice of the peace by war-
rant, one half to the informer and half to be appropri-
a ed to the use of the county.


SEC. 11. Be it further enacted, That there shall be
Clerk tobe al, appointed in each county a well qualified clerk, whose
pointed duty it shall be to record all decrees, orders, judgments
and other papers, required by law, and to preserve all
papers appertaining to suits in said courts, and who
sh.ll take an oath faithfully to perform the duties
which have or may hereafter be assigned him, and exe-
cute bond in the office of the Secretary of the Territory,
C1o tin e ucrity or such other place as the Governormay direct, in the pe
nalty of two thousand dollars with approved security to
be approved ofby the judges of said courts respectively
conditioned for the faithful performance of the duties
of his office.


"lerks and Sher-
i-s tcrrn cf'ofHce


SEC. 12. Be itfurther enacted, That the said clerks
and the sheriffs hereinafter mentioned shall hold their
said offices during the period of two years, subject how-









ever to be removed by the Governor and the Legislative
Council, or a majority thereof.
SEO. 13. -Be itfurther enacted, That the said county
courts suall be offices of original record for deeds, ieco'ring of
mortgages, wills, and other instruments required by
law to be recorded within their respective counties.
SEo 14. Be it further enacted, That the county
courts shall have power to fine and imprison for con,
tempt of their authority, provided the fine does not ex-
ceed twenty dollars, or the imprisonment three days.
S.EC. 15. Be it further enacted, That there shall be Sheriffto be p-
appointed a sheriff for each county, who shall perform pointed
all the duties required of him by law, and before enter-
ing on the duties of his office shall take an oath faith-
fully to discharge the duties required of him by law, and
execute bond in the office of the Secretary of the Ter-
ritory, or such other place as the Governor may direct,
in the penalty of five thousand dollars, with approved To give bond
security, conditioned for the performance of the duties
of his said office, which shall notbe void upon the pay-
ment, but remain in full force, and the sheriff and his
securities shall be liable to all persons injured by his
failure in neglect of or non performance of his duties.
S.EO. 16. Be it further enacted, That it shall be the Judge to hold
duty of the judges thus appointed, to hold two terms in twotermsin each
each year at the county seat in their respective counties, year.
commencing at St. Augustine in the county of St. Johns
on the first Mondays in June and January; in the coun-
ty of Duval, on the first Mondays in March and October,
and until the county seat of said county shall have been
permanently established, the said court shall hold its
sessions at Jacksonville Wi said county ; in the county Time of holding
of Escambia the said court shall be held at Pensacola
on the first Mondays in February and October; in the
county of Jackson on the second Mondays mi March
and November, and until the county seat of said county
shall be permanently located, the said court shall hold
its sessions at the Big Spring on the Choctohacha
(Choctawhatchie] river ; in the county of Gadsden the
said court shall holdits sessions on the first Mondays in
April and October, and until otherwise provided by law
at such place in said county, as said court may direct.
SjEC. 17. Be itfurther enacted, That in all criminal Difficult questi-
causes in said court whenever any question of law shall ons of law to be
be involved of difficulty, it shall be certified and ad- decided by Supr.
journed over to the judge of the Superior Court, ad the Cout
sentence of the county court shall be respited until the
opinion of the next Superior Court be given, and the
R









prisoner detained in custody until it shall be made
known to that court.
SSEc. 18. Be it further enacted, That the judges of
Com pensationothe said courts shall receive such fees of office as may
Judges be established by law in full compensation for all servi-
ces by them performed.
a SEc. 19. Be it further enacted. That it shall be the
District Attorney duty of the District Attorneys of the Territory afore-
to attend said, to attend the Sessions of the several county courts
within their respective districts, and to prosecute for
all offences against the laws of said Territory, cogni-
zable by said courts. and that for all services rendered
as aforesaid the said Attorneys shall receive such fees
of office as shall be established by law.
Decision of Cv. SEc. 20. Be itfurther enacted, That whenever there
Courttobe final is an appeal from a justice of the peace, to the county
in appeals court, and the decision of the justice shall be confirmed,
the decision of the county cou t shall be final, except
in such cases as may arise where questions of law are
alone involved.
GEO. MURRAY,
President of the Legislative Council.
Attested,
F. J. FATIO, Clerk.


Marks & brands
may be recorded
in clerks office


(Approved June 24th, 1823.)

WM. P. DU VAL,
Governor of the Territory of Florida



AN ACT,

For recording Marks and Brands, and concerning Estrays.

Be it enacted by the Governor and Legislative Coun
cil of the Territory of Florida, That from and after the
passing of this act, it shall be lawful for all persons re-
siding in this Territory to record their marks and
brands in the clerks office of the county in which such
person resides and if any person shall neglect to re-
cord the sa .e, then and in that case, whenever any
horses, mules, cattle, hogs or sheep, shall or may hap-
pen to be in dispute between the party so recording his
marks and brands, and any other person not having re-
corded as aforesaid, both having one and the same
Inarks and brands, and the property being found in the









possession of the person complying with the provision
of this act, the party so claiming any such property in
dispute as aforesaid, shall not be allowed to take the
amee out of the hands of the person found in possessi-
on, without such claimant can prove by disinterested
testimony, such property so in dispute to be his proper-
ty, such proof when the value of the property is under
twenty dollars to be made before any justice of the
peace of the county where such property may be found,
and if above that value before any court having juris-
diction thereof.
SEC. 2. Be it further enacted, That when two or more
persons shall have the same marks and brands, each of
them recorded, in such case the oldest record shall be
evidence of right so far asto compel the other party by
disinterested testimony to prove his property, in the
manner herein before directed.
SEC. 3. Be it further enacted, That it shall be the
duty of the clerks upon the application ofany person or
persons, to record all marks and brands in books, to be
kept by them for that purpose, and to give certificates
thereof when required by any person or persons, for
which they shall receive the sum of twenty five cents.
SEC. 4. Be it also enacted, That it shall he lawful
for any person, by himself or his agent to take up an es-
tray on his own land or lands in which he is in posses-
sion of, and having taken it he or his agent *shall forth-
with give information thereof to some neighboring
justice of the peace, for the county, in which such es-
tray was taken up, who shall thereupon issue his war-
rant to three disinterested persons ofthe neighborhood,
commanding them, having been first duly sworn, to ap-
praise such estray and certify the valuation under their
hands, together with a particular description of the
kind, marks, stature, brands, colour and age ofthe es-
tray, which certificate shall by the justice be transmit-
ted to the clerk of the county, within twenty days. and
by such clerk shall be entered in a book to be kept for
that purpose, for which he may demand and take twen-
ty five cents to be paid by the taker up of the estray.
SEC. 5. Be it enacted, That the person taking up
such estray shall cause a copy of every such certificate
to be publicly affixed to the door of the court house if
there be one, for and during the space of three months,
next after the estray shall have been appraised, and
shall also cause it to be publicly advertised in at least
two otherof the most public places in the county.


When so record
ed to have pre-
ference





Two or more of
same description





Clerk to keep a
book.




Possessor of elano
may take tip Es,
tra s








To be apprais( 4





Tobe acleni-,ed









Ow-ncr not ap-
pcaring property
to be vested in
tho taker up























Owner may reco-
ver valuation mo
ney









Penalty for mali-
cious taking up.




Boat taken up a-
drift


SEC. 6. Be it enacted, That if the valuation shall be.
under four dollars, and no owner shall appear until six
months have elapsed, from the time of advertising
then and in that case, the property shall be vested in
the owner or possessor of the land, on which such es-
t:ay was taken, and if tl e valuation shall exceed that
su;i, the person taking up such stray shall within
three months after the appraisement cause such certifi-
cate to be published in any newspaper, that may be
published in the county where such estray was taken up
a,'d copies of the certificates to be affixed at not less
than two public places, near to the place where such
estrav was taken up for and during the space of two
months, and if no newspaper be printed in the county,
copies of the certificate shall be affixed by the person
taking up the estray, in not less than three different pub-
lic places in the county, and at two several times, distant
fromcach other not less than four months, and if no
owner appears to claim such estray within one year
after the first publication, the property shall be thence-
foith vested in the owner of the land or possessor
wherein it was taken, but the former owner in either
case. may at any time afterwards, upon proving his
property, demand and recover the valuation money
thereof, deducting therefrom the clerks, printers and
justices fees, and if the owner of such property shall
claim and prove his or her right to the property before
it shall be vested according to the provisions of this
act, in the person taking up the estray, then in that case
the owner shall recover his property, paying the prin-
ters, justices and clerks fees, and all reasonable expen-
ses for keeping and supporting such estray, such ex-
penses to be determined by two house keepers of the
neighborhood, to be sworn and appointed by a justice
ofthe peace in the county in which such estray may
have been taken up.
SEC. 7. Be it enacted, Fhat if any person or persons
shall vexatiously or maliciously take up as an estray
any horse, mule, cattle, sheep or swine contrary to the
true intent and meaning of this act, then and in that case
such person or persons shall be liable to an action for
damages to the party injured, and be fined not more
than ten dollars at the discretion of the Court or Justice.
SEc. 8. Be it also enacted, That if any person shall
take up a boat or other vessel adrift he shall in like
manner make application to some Justice of the peace,
near to where such boat or vessel was taken up for his
'var' rnt to have the same valued and described by her









kind burthen and built, and shall proceed in all other
respects and have the same benefit as before directed in
the case of estrays.
SEC. 9. Be it also enacted, 1 hat what shall constitute
an estray, shall be the wandering about the neighbour-
hood of cattle and hogs for the space of one year and
of horses and sheep for three months.
SEo. 10. Be itJurther enacted, That provided always
that if after notice published as aforesaid any estray
shall happen to die, or by any casualty get out of the
possession of the person who took up the same, without
his or her default such taker up shall not be answerable
for the same or the valuation thereof, nor shall any taker
up be answerable for any boat or other vessel lost as
aforesaid.


GEO. MURRAY,
President of the Legislative Council.
Attested,
I'. J. FATIO, Clerk.
(Approved June the 11th, 1823.)

WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT,

For the removal and prosecution of proceedings at Law and in
Equity, begun and remaining unfinished in any of the former
Courts of this Territory.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory af Florida, That all suits both at
law and in equity heretofore instituted in any of the
County or Circuit Courts of East or West Florida or
carried to any of the said Courts by appeal which are
undetermined and not already removed may be removed
to the respective Superior or County Courts of East
and West Florida either by the party or parties plaintiff
or defendant, that such removal shall be effected by a
transfer by the Clerk of the said County or Circuit
Court, in which the suit was instituted or to which it
was carried by appeal, of all the pleadings papers and
documents relating thereto, to the Clerk of the superior
or County Courts of the district in which the said
cause or suit or other proceeding was instituted, and
it shall be the duty of the Clerk of the Court to which


Definition of cS
tray


Estray dying or
escaping


Suits in former
courtsmay be re-
moved









Form of removal
















I:es to be paid





Notice of remo-
%'al to 1e given















.Iudg'ment in for-
mer courts unsa-
tisfied





How carried up







execution may
issue


transfermay be made at the time of the reception of the
pleadings papers and documents in such causes to give
to the Clerk making the transfer a receipt for and spe-
cifying the said pleadings papers and documents pro-
vided that the party applying for the transfer whether
plaintiff or defendant shall pay to the Clerk of the Court
from which the papers are about to be removed all
Clerks and Sheriffs fees which may have accrued in
said Court.
SEe. 2. Be it further enacted, That each of the said
Superior or County Courts shall respectively have
power and are hereby required to proceed in every
such cause or proceeding so removed in the same man-
ner and to render the same judgment or decree therein
as it might or would do if the said cause or other pro-
ceeding had originated in the said Superior or County
Court provided notice of such removal be proved to the
satisfaction of the said Superior or County Court to
have been served upon the opposite party or parties or
his her or their Attorney or agents in the cause or when
the said opposite party or parties reside within the
jurisdiction of the Court to which the cause shall have
been removed to have been published in the newspaper
published within the said Jurisdiction for four succes-
sive weeks or where the said opposite party or parties
reside out of the jurisdiction of the said Court to have
been published in such Newspaper once a week for
eight successive weeks.
SEC. 3. Be it further enacted, That in every suit
heretofore instituted in any of the said County or Cir-
cuit Courts in which judgment has been rendered in
open Court, and the said judgment remains unsatis-
fied in whole or in part, the party or parties in whose
favor judgment has been rendered may cause the
pleadings and other papers in such suits together with
a transcript of the judgment of the Court under the
hand of the Clerk of the Court in which the same was
rendered or under the hand of any other person having
lawful charge of the records of such Court to be trans-
ferred to the Clerk of the Superior or County Court ol.
the District or County within which such judgment
was rendered whereupon it shall be the duty of the clerk
of the said Superior Court upon being thereto required
by the party or parties in whose favor such Judgment
was rendered, or by his her or their Attorney or Agent
to issue such 'Writ of Execution as might be issued if
the judgment had been rendered or confessed in the
said Superior or County Court for the amount of such









judgment, and the costs awarded and rendered as afore-
said together with the costs legally accrued, subse-
quently to the rendition of the said judgment, or for
whatever part thereof may remain unsatisfied, and the
ministerial officer of the said superior or county courts
shall carry into effect such writ as in other cases of
execution.
SEc. 4. Be it further enacted, That whenever an exe-
cution shall issue under the next preceding section of
this act for a greater sum than is legally due, or other-
wise irregularly, the party or parties aggrieved or any
of them, may apply to the judges of the Superior court
in term time, or vacation for an order to stay further
proceedings under the execution which the said judge
is hereby authorised to grant upon such application
being made to him under oath, setting forth in what
the illegality or irregularity consists, and he shall forth-
with cause a copy of such application to be served upon
the opposite party or parties, or his, her or their attor-
ney, and shalf appoint a day to hear the parties concer-
ned, and to decide upon-the said application according
to the right of the case, causing the execution when it
shall have issued formore than shall be legally due, to
be vacated and a new execution to be issued for the a-
mount determined by the said judge, to be due, to be
proceeded on according to law.
SEc. 5. Be it further enacted, That the sheriff of the
aforesaid county and circuit courts, shall within thirty
days from the passage of this act, deposit with the
clerk of the aforesaid superior or county courts, all
process, writs and executions of every kind issued from
any of the said county or circuit courts, which may at
any time heretofore have come to and which now re-
main in their hands together with a return of their act-
ings and doings upon such process, writs, and executi-
ons.
GEO. MURRAY,
President of the Legislative Council.

Attested,
P. J. FATIO, Clerk.

(Approved I th June 1823.;

WM. P. DUVAL,
Governor of the Territory of Florida


Execution issu.
ing irregularly








Proceedings may
be stayed







Sheriffs to return
all process in*
their hands









AN ACT,

'o provide, for holding terms of the Superior Courts in the Coun-
ties of Jackson and Dural in the Territory of Florida,

Be it enacted by the Governor and Legislative Counz-
cil of the Territoury of Florida, That the juage of the
Superior Court of the district of East Florida shall
hold a court on the first Mondays of April and Decem-
ber of each year, at the county seat, in the county of
JDural county Duval ; that until the said county seat shall be permna-
nently established the said court .hall be held at Jack-
sonville on the river St. John's. That the judge of the
Superior Court for the disuict of West Florida shall
hold a court on the first Mondays of April and Decem-
ber of each year, at the county seat in the county of
Jackson, and that until the said county seat shall have
Jackson county been permanently established the said court shall be
held at the Big Spring on the Choctahacha [Choctaw-
hatchie] river.
SEc. 2. Be itfurther enacted. That the said courts
shall continue in session from day to day until all the
business of their respective terms shall have been com-
pleted.
GEO. MURRAY,
President of the Legislative Council.
Attested,
P. J. FATIO, Clerk,
(Approved 11th June 1823.)

WM. P. DUVAL,
Governor of the Territory ofFlorida.



AN ACT,

I o provide forthe partition of Lands in this Territory, in the
Courts of Common Law thereof.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That whenever divers per-
sons being of full age or under the age of twenty one
years, are or shall be seized or possessed in fee for life
or for a term of years, of any lands or tenements in this
Territory, in coparcenary, joint tenancy, or tenancy in
common, by descent, devise or by any conveyance or a-









ny other means whatsoever, and no provision is or
shall be made thereby, for the division or partition of
the said lands or tenements, it shall and may be lawful
for any such person, being of full age, or for the guardi-
an or guardians of any such person or persons, being Joint te
under the age of twenty one years, aforesaid, to apply petition
by petition to the superior or county court of this Ter- County
ritory of the district or county in which said lands and
tenements or any part of them are situated, for a writ
of partition of the said lands and tenements. That e-
very such petition shall set forth the petitioners title,
the description, dimensions and boundaries of the lands
or tenements to be divided so far as they can be given,
the estate or interest claimed by the petitioner or peti-
tioners therein, together with the name or names of e-
very person and persons having any interest, estate or
title, to the said lands or tenements or any part of or
them, so far as the petitioners knowledge or informa-
tion extends, and will enable him her or tl.em to set
forth; and the petitioner or petitioners shall at the
time of pres, nting such petition for the decision of the
court thereon, exhibit and lay before such court for its
examination, the grants, deeds, conveyances or other
evidence, on which the petitioners title to the said
lands or tenements, depends and rests: and if the court Titlede
shall find that the title set up by the petitioner or peti- submit
owners to the said lands or tenements or any part there-
of is supported by reasonable evidence, it shall be its
duty, and it is hereby empowered to issue a writ ofpar- Writ of
tition under the hand of the judge or chief justice there- to be is
of, and under the seal of the Court, if it have one direct-
ed to any seven discreet and fit persons to be named by
the court requiring and commanding them or any five
of them to execute such writ by making partition of
the l.Inds and tenements therein mentioned, or any such
part thereof as they shall be able to make partition of,
within the time limited by the said writ for making
such partition, and to make due return thereof accor-
ding to law, Provided always, That the persons to Pro
whom any such writ shall be directed, before tl.jy en-
ter upon the duties thereby assigned to them, shll! se-
verally make oath in writing to De by them and every
of them, subscribed before the court awarding- such
writ, or before any judge or justice of the peace of this
Territory, or before any other person or persons spe-
cially named, assigned and authorised by the said cou't
for such purposes, that they will truly, faithfully, and oath of
impartially, to the best of their skill understanding ;Ind .inrd.rs
{f


nant may
Supr. or
Court








f petition


eds to be
ed.

partition
sued


' C Trma;s-










abilities, divide and partition in thi most benefictai
manller, for the parties interested, the laiids and tene-
ments in the said writ described, or so much thereof as
they shall be able to divide and partition within the
time limited by the said writ for its return, and that
they will make Iue return of the said writer and the par-
tition to be by them made according to law.
notice e of petiti. SFC. 2. Be it further enacted, That no petition for a
oncr advertised, partition of lands or tenements under this act, shall be
presented to or received by any Court of this Territory
unless it shall be made to appear to the satisfaction of the
Court to w nich such petition may be presented that no-
tice of the intended application for a writ of partition
hath been published in some newspaper printed in the
District in which the lands or tenements or some part
thereof lie or if there be no Newspaper published there
then in any Newspaper printed in the Territoiy and if
none be printed in the Territory, then in a Newspaper
of the State next adjoining the District in which the
lands or tenements are situated, for the space of eight
weeks previous to the nmeling of the court at which
such petition shall be presented and that such notice
was also posted up at the Court house of the Superior
or County court of the District or County in which the
lands or tenements lie, eight weeks, before the meeting
of the said court, to which the petition shall be present-
Form of the ad- ed. Every such notice shall set forth the name or names
vertisenment of the petitioner or petitioners, foi partition, a descrip-
tion of the lands or tenements to be divided, the title,
estate or interest claimed by the petitioner, or petition-
ers, in the said lands or tnements, together with the
nmne or names of the person or persons having an in-
terest in the said lands or tenements, with the petition-
er or petitioners, and their estates, rights and interests
in the same, if known to the said petitioner or petition-
ers and also the court and the teim thereof, at which
the said petition for partition will be presented ; and e-
very such petition shal! be filed in the office o'the clerk
of the court, to which it may be presented, six wceks
before it shall be so presented.
Partitioner also SEC. 3. Be it further enacted, That before the per-
oirve notice. sons named as paititioners in any such writ ofpartition
shall enter upon their duties under it, they or any five
of them, shall give notice in the manner herein before
prescribed, and to be pursued by persons about to peti-
tion for partition, for th space of thirty days, of the
time at which they will enter upon the execution of the
writ of partition, to them directed, which notice shall









also set forth the name or names of the person or per-
sons at whose instance, and the court from which the
writ issued, the name or names of the person or persons
interested in the lands (,r tenements, to be partitioned,
if they are stated in the petition for partition, the des-
cription of the lands or tenements contained in the said
petition, and the time at which the said writ is returna-
ble. After the expiration of the said thirty days it shall
be the duty of the partitioners or any fie of them, to
proceed to the execution of the writ to tem directed,
and to make a true, fathful and impartial partition and
division of the lands and tenements, in the said writ
described, or of sucii part or parts thereof, as they can l"and
divide within the time limited for the return of the said
writ, and every such partition shall be made in that
manner, which the said partitioners shall consider and
believe according to the best of their understanding and
judgment to he most bem-ficial to all the parties inter-
ested in the said lands or tenements. Every such par-
tition shall be returned under the hands and seals of
the partitioners making it, to the court from which the
writ issued, and to the terms thereof, to which it shall And nake re:in
be made returnable, except as is 'hereafter excepted, to court
there to be filed and entered of record, and the judg-
ment of the said court, duly entered upon the said par-
tition, shall be conclusive and final upon all the parties
concerned, except as is herein after excepted. And
judgment may be entered upon the said partition at the
tc rm next succeeding the return of the said writ, Pr,- u nt t
vided, That sufficient objections are not filed to Ihe c 'tcr, ,
contrary by the party or parties interested. And it
shall be lawful for any of the parties interested in the
lands or tenements partitioned, to shew to the court, tt
any time before its judgment shall he entered up, that
he, she or they are injured by the said partition, and tec
said court shall confirm, modify, or set aside such par-
tition, according to the right of the case.
SEC. 4. Be itfurther enacted, That if any person cr
persons, having any estate, title or interest in any lands
or tenements partitioned, under the provisions of this
act, shall at the time ofsuch partition be under the age
of twenty one years, feme covetl. insane, or who may be I lolnt l re-
non resid -nt, it shall and may be lawful for them, or d:t :..c.
any of them, at any time within one year, from thle time
at which their respective disability or disabilities shall
be removed, if he, she or they conceive that they have
been aggrieved by the said partition, to file his her or
their petition to the court, which rendered judgmmenton












f aggrieved may
bo heard.


















Writ not execu-
ted an alias may
issue.












Objections may
be made by plea




fartitioners to
receive compen-
sation.


the partition, setting forth the part of his, her or their
disability at the time of the partition, and the special
matter and manner in which he she or they consider
themselves injured and aggrieved by the said partition,
and praying the said court that right and justice may
be done to them in the premises, a copy of which peti-
tion shall be served upon the parties who claim the be-
nefit o the said partition, and they shall be bound to
plead thereto within thirty days from the time of the
service of such copy upon them. And if any matters
of fact are involved, they shall be tried and returned by
a jury, to the court, which shall thereupon decide upon
the pleadings, and the facts so returned, and if no facts
are in dispute, upon the pleadings only, and shall con-
firm or set aside the judgment, rendered upon the parti-
tion, and all the previous proceedings according to the
right and justice of the case.
SEC. 5. Be itfurther enacted, That in all cases in
which partitioners may from the quantity of the lands
to be partitioned, or from any other reasonable cause,
have been unable to complete the partition of the lands
described in the writ, to them directed, so as that the
return thereof may not be made at the term of the
court, to which it is returnable, it shall and may be
lawful for the court from which the original writ of par-
tition issued, upon reasonable cause shewn by affidavit,
the failure to return the said writ, according to its exi-
gency, to grant an alias or second writ, commanding
and requiring the said partitioners to complete the
partition of the lands and tenements therein mention-
ed, and to return the said writ anl their partition by a
day to be therein named according to law.
SEc 7.Be it further enacted, That if upon any pe-
tition for partition, under this act, any objections shall
be made to the granting the writ of partition, they shall
be tried and decided by the court, to which the petiti-
on shall be made with or without a jury, as the nature
of the objections disclosed by the plea may require, and
the said court shall overrule or allow the objections, or
annex conditions and terms to the granting of writs of
partition according to the nature of the case.
SEC. 7. Be itfurther enacted, That persons making
partitions under this act, shall be allowed all reasona-
ble expenses, incurred by them in making the same,
and also a Ieasonable compensation for their services,









to be ascertained under the direction of the court, the
payment of which may be enforced by attachment.
GEO. MURRAY,
President of the Legislative Council.
Attested,
F. J. FATIO, Clerk.
(Approved 28th June 1823.)
WM. P. DUVAL.
Governor of the Territory of Florida


AN ACT,

Concerning Arbitrations and Awards.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That it shall and may
be lawful for all persons, desirous of ending any matter
of difference, controversy or quarrel in which any ac-
tion at law or in equity will lie, or in which any ac-
tion or suit has been commenced, and is pending, to a-
gree that their said matter of difference, controversy or
quarrel shall be adjusted and determined by arbitration,
and to appoint one or more arbitrators or umpire to
adjust and determine the same. The matters in dif-
ference between the parties shall thereupon be submit-
ted to the said arbitrator, arbitrators or umpire, by
bond covenant or other agreement in writing, and the
parties aforesaid may stipulate and agree either in said
bond, covenant or agreement, or by a separate agree-
ment, that the said submission to arbitration shall be
made a rule of any court of record in this Territory.
SEc. 2. Be it further enacted, That when any sub-
mission is intended to be made a rule of court as afore-
said, an agreement to that effect in writing, signed by
the parties, shall be filed in the office of the clerk of the
court, of which said submission is to be made a rule,
and the clerk shall thereupon enter the said rule.
SEc. 3. Be it further enacted, That no award of any
arbitrator or arbitrators or umpire, duly appointed,
made pursuant to the said submission, shall be set aside
by the said court, except on the ground of fraud, cor-
ruption, gross negligence or misbehavior of one or
more of the arbitrators or umpire, or of evident mis-
take acknowledged by the arbitrators or umpire who
may have signed the award.
SEc. 4. Be it further enacted, That any party feel-


Arbitrators may
be .appointed








By rule of Court



Agreement to be
filed.




Award final un-
less fraud &c. be
suggested








24

ing himself aggrieved by any award, made a rule of
Par:. a-:: Reved court as aforesaid, and conceiving that he has just
nay apply by g-ound to set aside said award, may apply to the court
motion for that purpose, on imoion at the ensuing term of said
court, on giving the opposite party or his attorney ten
days previous notice, of such intended application, and
of the grounds on which the motion will bo made, to
stt aside said award, and if the award be maue during
the term ft the court, and there be a sufficient time he-
fore the end of the term, to give the said notice of ten
days, and the same be given, the motion to set aside
the award may be made during that term.
" be ied SEc. 5. Be it further enacted, That the court in
affidavits which any motion may be made, to set aside any award
made as aforesaid, shall require affidait of the facts
constituting the grounds on which the motion was made,
and shall also, if offered, receive affidavits on the other
side, but no parol testimony shall be admitted on ei-
ther side.
SEC. 6. Be it further enacted, That if no motion be
Award to be en- made to set aside any award made as aforesaid, it may
sired of record be entered of record at the ensuing term ol said court,
during the term thereof ; and as f.r as the said award
relates to the payment of money by either party, shall
have the force and effect of a judgment, duly docketed,
from the day of entering of said award, an execution
may be issue.I thereon, as in cases of judgment duly en-
tered, and so far as the said award relates to the per-
formance of any other lawful act, the party, failing to
comply with said award, shall be considered in con-
tempt, and by the order of the court, shall be commit
ted to prison, there to remain without bailor mainprize
until compliance with the order of the court in the pre-
*inises.
SEc. 7. Be itfurthe- enacted, That the arbitrator or
rbiatorsto arbitrators, or umpire, appointed as aforesaid, shall
'ake an oath b-..ore entering upon the investigation of the matters
submitted to them, be severally sworn, or affirmed, be-
fore some judge or justice of the peace, faithfully and
diligently to execute the trusts committed to them by
the sub mission ; and the examination of all witnesses
before the said arbitrator, arbitrators or umpire, shall
be under oath or affirmation, and if the parties them-
selves be examined, such examination shall also be un-
der oath or affirmation, and in the presence of each o-
ther, and the said arbitrators or either of them, shall
lay issue subpc- be and they are hereby authorized and empowered, to
;IE?, issue subpoenas to compel the attendance of witnesses.










under the same regulations as the clerks of the several
courts of this Territory, which said subpoenas shall be
served by the sheriff or any constable of the county, and
shall be obeyed by the witnesses in the same manner as
subpoenas issued from any court of record within this
Territory.

SrE. 8. Be it further enacted, That controversies and
suits in which infants are interested, may in like man
fner, when made a rule of court, be submitted to arbitra-
tiun, by the consent of their lawful guardians ; and exe-
cutors and administrators may also submit to arbitra-
tion any matter in dispute or controversy, in relation to
the goods, chattels, debts and credits of their testator or
in'estate.

SEC. 9. Be it further enacted, That nothing in this
act contained,shall deprive any party-to any arbitra-
tion, not made a rule of court as afoiresaid, from seek.
ing relief in a court of equity.

SEC. 10. Be it further enacted, That the arbitrators
for their services shall be entitled to receive one dollar
and fifty cents per day if demanded, to be paid jointly
by the contending parties, before entering the award.
The fees of the clerk for entering the rule of court,
shall be jointly paid by the parties previous to the en-
tering thereof, unless otherwise directed by the award.

SEC. 11. Be it further enacted, That witnesses obey-
ing the subpoena of the said arbitrators, shall be allow-
ed the same compensation, and entitled to the same
privileges as if summoned by the clerk of any court of
record.
GEO. MURRAY,


Attested,


Ex'rs or infantiW
may arbitrate






Informal awards




Compensation to
arbitrators






Witnesses


President ofthe Legislative Council,


F. J. FATIO, Clerk,


(Approved June 1lth 1823,)

WM. P. DUVAL,


Governor of the Territory of Florida,


















DLeeds between
1817 & 22 to be
admitted to re-
cord


AN ACT,

,'o legalize certain conveyances of property in the Territory of
Florida.
Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That all deeds of con-
veyance, bills ofsale, mortgages, or other transfers of
property, either real or personal, within the limits of
this territory, made and received bona fide, and upon
good consideration, at any time between the first day
of January 1817 and the first day of October 1822, shall
be as good and efficient in law and equity, as if the same
had been made and executed according to the formali-
ties of the Spanish law, as against the maker or makers
thereof, and every person or persons claiming, by,
through, or under him, her or them, Provided, That
nothing in this act contained shall be so construed as
to effect the interest of persons not parties to any of the
contracts aforesaid. And Provided also, That the
said deeds of conveyance, bills of sale, mortgages, and
other transfers, shall be recorded agreeably to the laws
of this Territory, within six months from the passage
of this act.
GEO. MURRAY,
President of the Legislative Council.
Attested,
V. J. FATIO, Clerk,
[Approved June 24th, 1823.

WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT,

Authorizing the appointment of Justices of the Peace, and defining'
their powers.

Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That there shall be
a competent number ofj'lstices of the peace, appointed
in the several counties of this Territory.
SEc. 2. Be it further enacted, That every person so
appointed, before he enters on the duties of his office,
shall take an oath or affirmation to support the consti-
tution of the United States, and also honestly and dili-


Justices to be ap.
pointed



To take an oath









gently to execute the duties of his office, without fear,
favor or oppression, to the best of his abilities, which
oath or affirmation may be administered by the clerk of
the County Court, or any judge of this Territory, and a
certificate of mte same shall be entered of record in the
clerks office of the said court.
SEc. 3. Be itfurther enacted, That the justices of
the peace so appointed, and each of them, shall have
power and authority to hold a court as often as may be
necessary for the trial of civil causes, wl'erein the a-
mount of the debt, damages or value of the thing in con-
triv.rsy, does nut exceed the sum of one hundred dol- Their jurisdic-
larb, exclusive of osts, saving and reserving to the par- t'on.
ties the right of trial by jury, in all cast s where the sum
or demand in control. ersy, shall exceed twenty dollars,
exclusive of cost, but no action for assault and battery
false imprisonment, trespass on lands, where the title
to said lands may come in question, or actions on the
case for slander, libel, or malicious prosecution, shall
be cognizable by any justice of the peace, and that in
all cases under ten dollars, their decision shall be final.
SEc. 4. Be itfurther enacted, That-all suits before a jus-
tice shall be commenced by the issuing of a warrant, Process
or a summons as hereinafter mentioned.
SEC. 5. Be itfurther enacted, That whenever any party upon affidavit
plaintiff, his agent or attorney, shall make oath or af- mnayholdto bail
firmation before the justice, of the debt or damages de-
manded, and that he verily believes that he will be in
danger of losing the same, or some part thereof, if the
defendant be not arrested and held to bail, a warrant
shall issue against the defendant, commanding the con-
stable or other officer attending on the Court of the
said justice, forthwith to arrest the said defendant, and
bring him before the said justice, and said warrant shall
express the nature and amount of the plaintiffs demand;
and in all other cases a summons shall issue citing the
defendant to appear before the said justice, on some
particular day mentioned in said summons, at least six
days from the issuing and service of said summons, to
answer to the plaintiff's demand, the nature and a-
mount of which shall be expressed in said summons,
and which summons or a copy thereof, shall be perso- Otherwise a snt-
nally served on the defendant, or left at his dwelling m
house or lodgings with some white person of the fami-
ly of the age of fifteen years or more.
SEc. 6. Be it further enacted, That when any defend-
ant arrested on a warrant, issued as aforesaid, shall be
brought before the justice, the said defendant may insist
D

















Upon giving bail
defendant may
have six days to
answer







Defend't not ap-
pearing, judgm't


















Justice may post-
pone for good
cause


on the immediate tijal of the cause, if he make affida-
vit that he is bound immediately on a voyage to sea, or
is about to take a journey immediately, without the ju-
risdiction of the said justice, and in such case the jus-
tice shall send an officer to give notice to the plaintiff,
his agent or attorney, to attend, "and if he cannot be
found, or fail in attending, within one hour from the
time, when the defendant is brought before the justice,
as aforesaid,be ready and willing to give bail, he shall
have six days to answer the plaintiffs demand, on giv-
ing satisfactory bail for his appearance, and also for the
payment of the debt or damages, which may be award-
ed, in case judgment be rendered against him, and he
do not thereupon immediately surrender himself; and
when any defendant shall have'been duly served with a
summons, and fail to appear on the day and hour ap-
pointed, if the summons shall have been personally ser-
ved on the defendant, the justice after waiting two
hours, shall proceed to hear the cause, and give judg-
ment thereon, the same as if the defendant had duly
appeared, but where the summons shall not have been
personally served on the defendant, if he fail to appear
on the day, and at the hour appointed, the justice shall
not hear the cause, but the party plaintiff shall have a
right, immediately, without making any affidavit, as
mentioned in the preceding section, to a warrant against
the defendant, which shall be served in the same man-
ner, and trial thereon had, as in cases of warrant issued
in the first instance.
SEi. 7. Be it further enacted, That on satisfactory
cause shewn to the justice, before any trial take place,
he shall at the instance of either party postpone the
trial for a period not exceeding twelve days-but in
such case, if the postponement be made at the instance
of the defendant, bail if required shall first be given,
and if any defendant requ 'st a longerpostponement, on
account of the absence ofa material witness, it shall be
in the sound discretion of the justice to grant the same,
for a period not exceeding three months, on the affida-
vit made by the defendant, stating the name of his
witness, his place of residence, and the facts which he
expects to be able to prove by him, and that he expects
to be able to obtain the testimony of the witnesses, by
commission or otherwise, within the said three months
-and every justice of the peace, in cases of postpone-
ment, on account of the absence of material witnesses,
shall have power to isste commissions for taking the
testimony of such witnesses, according to the practice









established in the Superior Courts for this Territory.
SFC. 8. Be it further enacted, That the rules of evi-
dence recognized and established in the said Superior
Courts, shall be observed by the justices of the peace,
in all trials before them, and neither the party plaintiff Evidence
or defendant shall be permitted to give evidence in any
cause wherein he is a party-and all discounts and set
offis which the defendant can prove, at the trial, and
which are admissible according to law and equity, and
the justice of the case, shall be allowed.
SEC. 9. Be it further enacted, That each of the said
justices shall keep a book of record of the proceedings,
in all causes tried before them, in which book they
shall on the commencement of the trial, note down the
names of the parties plaintiff and defendant, the nature
of the action, and the amount of the debt or damages
claimed, the plea of the defendant, and the names of the Form of record
attorneys, if any employed in the cause-they shall also
note down the names of the witnesses examined on the
trial, and state whether called by plaintiff or defendant,
and a summary of the testimony given by them, and if
any written evidence be produced, its nature and des-
cription shall be noted down, and finally, the judg.
ment rendered-but written pleadings shall not be re-
quired in any cause tried before a justice of the peace.
Szea. 10. Be it further enacted, That after judgment
rendered by any justice of the peace, if no appeal be
made within four days thereafter, or certiorari served,
the party obtaining the judgment may have execution
thereon for the amount of the same, with all costs, ei-
ther against the body or against the goods, chattels, Execution
and slaves of the party, against whom the judgment
may have been rendered, or both executions may be in-
cluded in one, and either the body may be taken, or a
levy may be made on the goods, chattels, and slaves, on
the same execution, but if the body be first taken, no
execution shall lie on the property, and in no case shall
execution issue on a judgment rendered by a justice of
the peace, against the lands and tenements of the de-
fendants; that the execution issued as aforesaid shall
be directed to any constable of the county, and shall be
made returnable to the justice who issued it, not less Return
than ten or more than thirty days from the date thereof;
which shall be executed and returned by said constable
accordingly, provided that in all cases where the origi-
nal debt, exclusive of interest and costs, shall amount
to twenty dollars, or more, the defendant upon giving









bond with security, may have a stay of execution for
sixty days.
SEC. 11. Be itfurther enacted, That either party on a
trial before a justice of the peace, shall have a right to
except to any decision he may make on the admission
of evidence; or any other question of law, arising in the
Case, and tender a bill of exceptions to such decision,
tio excep- which the justice is hereby required to sign and seal,
Sand in case of an appeal, to make return thereof, toge-
ther with the proceedings in the cause, to the court a-
bove, and the like return of the proceedings shall be
made in cases of certiorari, and in all cases either party
shall have a right to-appeal from the judgment of the
Appeal justices of the peace, on questions of law, Provided,
such appeals be made within four days from the render-
ing of the judgment, all costs being paid by the appel-
lants.
SEc. 12. Be it further enacted, That in all cases
where either f the parties may desire to appeal from
the judgment of the justice, pursuant to this act, he
shall at the time of rendering the said judgment, or
within four days thereafter, apply to the said justice for
Appeal bond said appeal, and shall enter into bond in double the a-
mount of such judgment, with security, to be approved
of by the justice from whose judgment the appeal is
taken, conditioned for the payment of the amount of tha
judgment and costs, in case the said judgment shall be
confirmed on the trial of the appeal, and the said justice
shall thereupon suspend all further proceedings in said
case, and shall deliver to the clerk of the County Court
of his County, all the papers appertaining to said cause,
together with the bond executed by the party or parties
taking the appeal, and a copy of the judgment render-
ed by the said justice, and it shall be the duty of the said
Clk of etv court clerk, on receiving the papers aforesaid, to issue a sum-
to issue summons mons to the appellee or appellees, to appear at the next
term of the court to which the appeal-is returned, and
the sheriff or constable shall summon the appellee or
appellees, his her or their agent or attorney, if within
the county, which summons shall be executed ten days
before the commencement of the term at which the said
appeal shall be tried, and the said court shall at the first
term after said appeal, hear and determine the same,
rTrial on appeal in a summary way, without pleading in writing, accor-
ding to the justice of the case, unless for good cause it
be continued to the next term.
SEC. 13. Be it further enacted, That where the ap-
pellee or appellees shall reside in another county of the









Territory than that in which the appeal is taken, it shall
be the duty of the clerk of the court to which the ap-
peal is made, and he is hereby authorised to issue a
sum,,ons directed to the sheriff or any constable of the
county, in which the said appellee or appellees may re-
side, requiring him, her or them, the said appellee or
appellees, to appear at the next term of the said court,
and the said sheriff or constable shall execute the same
an:d make return thereof, as is provided in the next pre-
ccding section of this act.
Src. 14. Pe it further enacted, That the said justi-
ces uf't t!h p)ce appointed as aforesaid, shall be colnser-
v.t os ofi ,, peace, within their respective counties,
aridl aiiv, i.,w r to issue warrants in all cases ofmisde-
mric.t. ,a i..-i felony, take recognizances to keep the
p. 1,.. a* 1 to 'ind defendants to appear at an county
or s up'eior court, to answer any criminal charge not
invol: ~ng capital punishment, and to commit to pri-
son in all capital cases, ar.d where satisfactory bail can-
not l)e given, in all other cases.
Sac. 15. Pe it further enacted, That where any com-
plaint shall be made, upon affidavit, before any justice
of the peace, of any offence committed against the laws
of this Territory, or the laws of the United States, it
shall be his duty forthwith to issue his warrant to any
constable of the county, or to the sheriff, or marshal of
the United States, in case the said justice -hould deem
the complaint of an important nature, commanding the
said constable, sheriff or marshal, forthwith to arrest
the offender, and bring him, her or them before the said
justice, expressing in said warrant the nature of the of-
fence-when the offender or offenders shall be arrested
and brought before the justice, if the offence charged a-
gainst the prisoner be merely a misdemeanor, and the
justice be satisfied that there is good grounds to hold
him to bail, the said justice shall take his recognizance
with one or more securities, for his appearance, at the
next county or superior court, but on failure of entering
into the said recognizance, the justice shall commit the
prisoner to prison.
SEC. 16. Be it further enacted, That when any affida-
vit shall be made before any justice of the peace, of any
offence committed, he shall require that the affidavit
state as particularly as can be done, the nature of the
offence, and the circumstances attending its commissi-
on, and in cases of larceny, a particular description, as
nearly as can be made, of the article or articles stolen,
and of the value of each separately, must be given, and


Party residing in
a foreign county






Conservators of
the peace











Process in crim-
inal cases







Recognizances







Form ofaffidarit
in criminal cases
























'Iorm of mittimus






Judges to be con-
servators of the
peace




,-

To deliver pa-
pers to Ds't At'y





Power to punish
for contempt



If no jail in the
county, prisoner
to be delivered to
Shff of next cty


the names of all the witnesses, and their places of abode,
noted down, and those whose testimony shall be deem-
ed important, bound by recognizance to appear before
the court, where the trial is to take place, to testify-
but bail for the appearance of any witness shall not be
required ; a witness may however be committed to
prison, if he will not enter into a recognizance to ap-
pear.
SEC. 17. Be it further enacted, That whenever any
criminal case occurs before the justice of the peace, if it
be not bailable, or if the prisoner cannot give satisfacto-
iy bail, thejustice shall make out a commitment to a
constable, or other officer, requiring that the prisoner
be taken to jail, and there detained until discharged by
due course of law; and which commitment shall ex-
press the nature of the offence, and upon whose oath or
affrmation the prisoner has been accused and arrest-
ed.
SEC. 18. Be itfurther enacted, That the judges of the
superior and inferior courts respectively shall ex oficio
be justices and conservators of the peace, and have and
exercise, whenever they may deem it fit and proper, all
the powers and duties of justices of the peace, in crimi-
nal cases, and shall have power and authority "(if they
see fit) to admit prisoners to bail, where it may have
been refused by any of the justices of the peace.
SEC. 19. Be it further enacted, That it shall be the
duty of the several justices of the peace to keep all pa-
pers in relation to criminal matters, in good order, and
on file in their offices, separately and distinctly from pa-
pers concerning civil causes, and to hand over to the
public prosecutor, at least ten days before the meeting
of every court, all affidavits, depositions and recogni-
zances, taken in any and every criminal case.
SEC. 20. Be itfurther enacted, That each of the said
justices shall have power to punish for any contempt
committed before him, in the exercise of his judicial
functions, or sitting'as a committing -magistrate, by a
fine not exceeding five dollars, and imprisonment not
exceeding twenty four hours.
SEC. 21. Be it further enacted, That if any person or
persons shall be committed by a justice of the peace in
any county where there shall be no jail or place of safe
keeping, it shall be the duty of the said justice of the
peace to direct the sheriff of said county to deliver such
offender or offenders to the sheriff of the next adjoining
county, where a jail or place of safe keeping may be,
there to be confined and dealt with according to law.









and the said sheriffshall and he is hereby authorized to
surimon a guard for that purpose.
GEO. MURRAY,
President of the Legislative Council.
Attested,
V. J. FATIO, Clerk,
[Approved June 29th, 1823.

WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT,

To provide for the establishment of the seat of government in the
Territory of Florida.

Be it enacted, by the Governor and Legislative Council
of the Territory of Florida, That with a view to the
location of the seat of government for the territory a-
foresaid, there shall be appointed by the Governor, two
commissioners, one from that part of the territory
known as East Florida, and one from that known as
West'Florida. That the commissioners thus appoint-
ed shall meet at St. Marks on the Gulf of Mexico, on
the first day of October next, and thence proceed'care-
fully to explore ahd examine all that section of country
einmraced between the Ockloekny river on the West,
and the Suwannee river on the East, and between the
Northern boundary line of said Territory, and the Gulf
of Mexico.-
SEC. 2. Be it further enacted, That the said commis-
sioners shall be, and they are hereby authorised and
empowered, after making the examination aforesaid, to
select the most eligible and convenient situation for the
seat of government for the Territory of Flo'ida.
SEC. 3. Be it further enacted, That the said commis-
sioners shall keep a journal and take notes on the topo-
graphy of the country, examined by virtue of this act,
particularly describing the quality of the soil, its local
situation, and thestreams by which it is watered. That
on or before the first day of January next the said com-
missioners shall submit to the Governor of the Territo-
ry a report in writing, of all their proceedings by vir-
tue of this act, accompanied with their journals and to-
pographical notes on the country by them examined.


Commissioners
to be appointed









To select a iit:




To kcepn
Ino









SEC. 4. Be it further enacted, That if the said com-
missioners shall disagree with regard to the situation
on which the seat of government should be located, then
and in that case, the journals and topograpnical notes
of the said commissioners, together with the su'3ject of
Commissioners their disagreement, shall be submitted to the Governor.
to decide o of the Territory, who shall be, and he is hereby autho-
rised, from all the information adduced, to decide in la-
vor of the situation selected by either co *imissioner.
Decision final SEC. 5. Be itfurther.enacted, Tnat the situation thus
selected shall therceforth constitute the seat of govern-
ment for the Territory of Florida.
SEC. 6. Be itfurther enacted, That the next session
of the Legislaitve Council of said Territory shall ,e
Next council to held at the situation selected by said commission rs,;
mect atthe place by the governor and either of them, in case of the di
chosen agreement of said commissioners, if in the opini:.n; ,
the Governor the Legislative Council can be there ac-
commodated.
SEC. 7. Be it further enacted, Fhat if the seat of go-
vernment for the Territory aforesaid, should not be lo-
cated in time for the meeting and accommodation of
the Council at its next session, then and lu that case,
Or at St. Augus- the Governor shall be, and he is hereby authorised and
tine empowered to issue his proclamation, directing the
next session of the Legislative Council, to be held at
the City of St. Augustine.
SEC. 8. Be it further enacted, That the said com-
missioners shall receive five dollars each per day, in
Compensation to full compensation of all services rendered by virtue of
commissioners this act.

GEO. MURRAY,

President of the Legislative Council.
Attested,

F.J. FATIO, Clerk.
(Approved 24th June 1823.)

WM. P. DUVAL.


Governor of the Territory of Florida









AN ACT,

To authorise the Attorneys for the Territory to appoint Deputies.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Attorney for
the Territory, for the time being, is hereby authurised
e.npowered and required to depute a fit person, being a
barrister or Attorney at law, to be approved. of by the
Governor, for whose conduct he shall be answerable, to
prepare and prosecute indictments in his stead at such
County Courts, where he cannot attend, to execute the
duties of his office in person. Provided nevertheless,
That in case the Attorney for the Territory, or his de-
puty, shall not attend any of the said courts, that then
any barrister, or attorney at law, may prepare and pro-
secute indictments by leave, and appointment by the
judge or justices of the said county courts, and be al-
lowed the same fees as are appointed for the Attorney
of the Territory.
SEC. 5. Be it further enacted, That the said Attor-
ney for the Territory shall have a right to call upon the
said deputies, or any or either of them for, and to re-
quire their assistance, or support in behalf of the Ter-
ritory, in any case where he may think it necessary or
proper, or whenever sickness may prevent him from
doing his duty.
GEO. MURRAY,
President ofthe Legislative Council.
Attested,
F. J. FATIO, Clerk,
(Approved June 24th 1823,)

WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT,

Regulating the mode of proceeding on attachments.

Be it enacted by the Governor and Legislative Coun-
.cil of the Territory of Florida, Thatit shall and may at
all times be lawful for any judge or justice of the peace
of the Territory aforesaid, within their respective ju-
risdictions, to grant writs of attachment against the
E


District Attorney
to appoint depu-
ties.













May call for their
assistance.


Attachment may
be granted vs.
the estate of ab-
sconding, absent
or concealed
debtors.









lands and tenements, goods, chattels, money, effects,
rights and credits, in whose hands or possession soc-
ver the same may be found, or by whomsoever the same
may be due and owing, of every person and persons re-
siding out of, and beyond the limits of this Territory, or
who has or have been absent from the same, for the
space of two months, without having left an agent, au-
thorised in writing, to receive the ordinary process of
law issued against him, her or them, or who absconds,
or who conceals himself, herself or themselves, so that
the ordinary process of law cannot be served upon him
her or them, or who is, or are about to remove himself,
herself or themselves, or his her or their property out
of this Territory, upon the application for such writ of
attachment, by any person or persons having a debt,
claim or demand, founded on any contract express, or
implied, or arising out of the unlawful detention or
conversion of any property by any person or persons
so residing out of, or having been absent from
this Territory, or who absconds or conceals himself,
herself or themselves, or his her or their property, out
of this Territory, upon the application for such writ of
attachment, by any person or persons having a debt,
claim or demand, founded on any contract express or
implied, or arising out of the unlawful detention or
conversion of any property, by any person or persons,
so residing out of, or having been absent from this Ter-
ritory, or who absconds or conceals himself, herself, or
themselves, or who is or are about to remove himself,
herself or themselves, or his her or their property, out
of this Territory as aforesaid, Provided alhvays, That
the par y or parties, his her or their agent or attorney,
applying for said writ of attachment, if residents of this
Territory, shall make affidavit before the said judge or
justice, or if residing beyond the limits of this Territo-
ry, the said affidavit shall be taken before any judge or
justice of any court of record of either of the United
States, or any of the Territories of the United States,
authenticated by the clerk of such court, under the seal
PI'tfftomakeaf- of the court if it have a seal,or without if it have no
fidavit. seal, the fact of the court having no seal being stated in
the clerks authentication, which affidavit shall set forth
the amount of the sum or property claimed, and upon
what the claim is founded, and also the ground or
grounds upon which the application is made, for the
writ of attachment, and, Provided also, That a bond be
And to give se- given by the party or parties applying for the attach-
curity. ment, previous to the order for issuing thereof, with









two or more sufficient securities, to be approved of by
the judge or justice ordering the attachment, in double
the sum for which the attachment may beurdered, pay-
able to the party or parties, defendant, in the attach-
ment, by reason of the issuing the said attachment, and
the failure to prosecute the same to effect.
SEC. 2. Be it also enacted, I hat when any person or
persons, his, her or their agent or attorney, applying for
said writ of attachment, shall have made the affidavit,
and executed the bond required by the provisions ofthis
act, it shall be the duty of the judge or justice, before
whom the said affidavit and bond shall be executed, and
to whom the same shall be delivered, to issue a writ of
attachment to the ministerial or executive officer of the
court, to which the said writ of attachment shall be re-
turnable, directing and commanding him to levy upon,
attach, seize, and take into his custody and possession,
which it shall be his duty to do, so much of the lands,
tenements, goods, chattels, money, effects, rights and
credits of the person or persons against whose proper-
ty the attachment is issued, in whose hands or posses-
sion soever, the same may be found, orby whom soever
the same may oe due and owing, as will be sufficient to
satisfy the demand of the plaintiff or plaintiffs in the at-
tachment, so as to make the person or persons against
whose property the attachment is issued, a defendant or
defendants in the suit to be instituted by the party or
parties plaintiffs in the attachment.
SEC. 3. Be it further enacted, That when the sum for
which the attachment shall le granted, shall exceed the
sum of fifty dollars, the said writ of attachment may be
directed to the sheriff, coroner, or other ministerial of-
ficer of the Superior or County Courts respectively-
That where the demand claimed shall not exceed fifty
dollars, the said writ of attachment shall be directed to
any constable, and shall be executed and returned to the
Judge or justice issuing the same, or some other justice
of the peace who shall and may proceed to try and de-
termine the said attachment in the same manner as the
other causes are tried and determined in the court of
the said justice.
SEC. 4. Be itfurther enacted, That the said plaintiff
or plaintiffs, after the return of the writ, executed to
the Superior or Inferior Court, as the case may be, shall
file his, her or their declaration against the defendant
or defendants in attachment, fifteen days before the
term at which the said attachment shall be tried, and
shall proceed to prove his, her or their debt or demand,


Form of the writ













If the sum ex-
ceed SSO, to be
directed to Sh'ff


For less s Uls, tn
the Constable







Declaration to he
filed









and obtain the judgment of the court as in other cases.
SEc. 5. Be itfurther enacted, That the person or per-
Garnishee to be sons in whose possession any goods chattels money or
summoned effects of the defendant and defendants in attachment,
may be or by whom any debt or sum of money may be
due and owing to the said defendant or defendants shall
be called the garnishee or garnishees, and when the
said goods, chattels, money or effects cannot be levied,
and taken into possession of the officer, or when the
said garnishee or garnishees are only indebted to the
defendant or defendants in the attachment, a copy of
the writ or attachment shall be served upon the person
or persons to be made garnishee or garnishees, with a
To disclose upon notice requiring him her or them to appear personally
at the term of the court, to which the attachment is re-
turnable there and then to set forth and disclose upon
oath, what goods. chattels, money or effects belonging
to the defendant or defendants in the attachment, were
in his, her or their possession, care, charge, power or
control, at the time of the service of the copy of the
writ of attachment upon him, her or them : and in what
sum or sums of money, he, she or they were indebted to
the defendant or defendants in the attachment, at the
said time, and if the said plaintiff or plaintiffs in the at-
tachment shall be dissatisfied with the return made by
the said garnishee or garnishees, the same may by him,
her or them be excepted to in writing, and the said
plaintiff or plaintiffs may also file interrogatories to the
saint garnishee or garnishees, touching the property of
the defendant or defendants, in the attachment suppos
ed to have been in the possession of the garnishee or
garnishees at the time of the service of the copy of the
writ of attachment, or touching the money supposed to
have been dee and owing by the said garnishee or gar-
nishees, to the said defendant or defendants at the said
terrogt time, which said interrogatories shall be fully, directly
to begat fie and truly answered in writing, under oath, within fif-
ecrved teen days from the time of the service of a copy there-
of, upon the said garnishee or garnishees, and if need
be, an issue shall be formed upon the return of the gar-
nishee or garnishees, and the exceptions of the plaintiff
or plaintiffs in the attachment thereto, and submitted
to ajury, who shall decide between the said parties, and
upon the trial of the said issue, the interrogatories filed
by the plaintiff or plaintiffs in attachment, if any shall
have been filed, and the answers of the garnishee or gar-
nishees thereto, shall be evidence before the jury, and
'he said parties shall respectively have liberty to intro-









duce to the said jury any other legal and competent e-
vidence in their power, in support of their respective
allegations, and if any garnishee or garnishees shall re-
fuse or fail to make such return as is herein before men-
tioned, or to answer in manner aforesaid, any interroga-
tories filed upon exceptions taken to such return, it
shall be the :uty of the Court in which the proceed-
ings shall be pending, to adjudge that such garnishee or
garnishees hath or have in his, her or their possession, gmentvs
g.,ods, chattels money and effects of the defendant or
defendants, in the attachment, or is or are indebted to
the said defendant or defendants, in an amount suffici-
ent to satisfy the debt, claim or demand of the plain-
tiff or plaintiffs, in the attachment, and the costs of the
the suit, and upon such judgment, such execution shall Executions
issue, conformably to the manner of issuing executions,
in other cases against the body or bodies, lands, tene-
ments, goods, chattels and effects of the said garnishee
or garnishees, as might he, & to le proceeded on in the
same manner as if judgment had been rendered against
him or them, in a suit regularly instituted against him,
her or them, and execution thereupon issued.
SEC. 6. Be itfurther enacted, That service of an at-
tachment upon the lands, tenements, goods, chattels, Attachment to
money, or effects of the defendant or defendants, in at- be a lien from
tachment, shall bind the property attached, and a judg- its service
ment obtained therein, shall have relation to the time of
the service of the attachment, and the plaintiff or
plaintiffs in the judgment upon the attachment shall be
entitled to a priority of payment out of the property at-
tached, except as against valid subsisting liens on the
same property, at the time of the service of the attach-
ment, and a judgment upon the attachment shall entitle
the plaintiff or plaintiffs therein, to execution and satis-
faction of, from, and upon any other property of the de-
fendant or defendants in attachment, if the property at-
tached shall be found to be insufficient to satisfy the
judgment obtained in the attachment and the plaintiffs
costs.
SEc. 5. Be it further enacted, That it shall and may Deft may replc-
be: lawful for the defendant or defendants in any attach- vy special
ment to replevy the property attached, and thereby dis- bail
solve the attachment by giving good and sufficient spe-
cial bail, and by entering his, her or their appearance to
the action, at any time before the verdict of a jury or
the assessment of damages against the said defendant
or defendants, and upon such bail being given and per-
fected as in other cases of bail to the action, and the









payment of all the costs accruing upon the issuing and
levy of the said attachment, the property attached shall
be restored to the defendant or defendants in attach-
ments.
;a-shee ma SEC. 8. Be it further enacted, That the person or per-
replc'y by bond sons in whdse possession, power, charge, care or con-
trol any property of the defendant or defendants in any
attachment, may have been found and levied upon, may
replevy the same by giving bond with two or more suf-
ficient securities, in double the value of the property
levied upon, payable to the plaintiff or plaintiffs, in at-
tachment, conditioned for the payment of the appraised
'roperty to be value of the said property, to the said plaintiff or plain-
appraised tiffs upon the judgment of the court from which the at-
tachment issued, or to which the proceedings may be
removed, according to law, that the said property was
and is subject to the plaintiffs attachment. The said
appraisement shall oe made by three disinterested per-
sons, under an oath that they will appraise the property
exhibited to them, to be administered by a justice of the
peace, previous to their entering on their duties, one of
whom shall be chosen by the plaintiff or plaintiffs, in
the attachment, the other by garnishee or garni-
shees, and the third by the two appraisers so chosen,
who shall under an order or warrant of the clerk of the
court for that purpose, appraise the said property un-
der the superintendance of the officer who made the le-
vy of it, which appraisement exhibitirg every article
of the property levied upon, and the appraised value
thereof, under the hands of the appraisers, and the offi-
cer superintending the appraisement, together with the
bond aforesaid, shall be returned to the office of the
clerk of the court, from which the attachment issued,
after which, and the payment of the costs attending or
growing out of the levy of the said property, and the
appraisement thereof, by the party replevying the said
property, shall be restored to the said garnishee or gar-
nishecs.
SEc. 9. Be it further enacted, That all property at-
tached and not replevied, shall after judgment has been
Sale under exe- obtained by the plaintiff or plaintiffs, in attachment, and
lution executions has been issued thereon, be disposed of, un-
der the said execution, as in other cases of property le-
vied upon and taken in execution.
Perishable pro- SEC. 10. Be it further enacted, That when the pro-
nerty perty attached shall be of a perishable nature it shall
and may be lawful, for the judge or justice who order-
,d the attachment, in vacation, as well as in term time,









to grant an order for the sale of such property, after
such public notice as to the said judge or justice shall
seem expedient.
SEc. 11. Be itfurther enacted, That whenever any per- creditors wiiho
son or persons who is or are about to institute an action ftar that debtors
at common law, in any of the courts of this Territory, willrcmove prc.
shall have cause to apprehend, that his, her or their pertv
debtor or debtors, or other persons unlawfully convert-
ing or detaining his, her or their property, will remove
the property of the said debtor or debtors, or the pro-
perty so unlawfully converted or detained, out of the
district or county of this Territory, in which the action
is intended to be instituted, before judgment can be ob-
tained therein, and execution levied on the said proper-
ty, it shall be lawful for any such person or persons to
present to any of the judges or justices of the courts of tay petition
this Territory, a petition declaring that his, her or their County Court
debtor or debtors, or the person or persons against
whom he, she or they hath or have a claim or demand, in
damages, for the unlawful conversion of his her or their
property, or the person or persons unlawfully detaining
his, her or their property, hath or ha;e property within
the district of this Territory, in which the application
is made, sufficient to satisfy his, her or their debt or de-
mand, or some part thereof, but that he she or they hath
or have good cause to apprehend, and do verily believe
that, before a judgment can be obtained, for his, her or
their debt or other demand, and execution be levied
thereon, the said property, or the property unlawfully
detained, will be removed out of the district of this ter-
ritory within which the action is intended to be institu-
ted, that is to say; out of East Florida if the action is
intended to be instituted there, and out of West Florida
if the action is intended to be instituted there, and the
said petition shall also set forth and shew the nature of
the debt or demand of the petitioner, the amount due
on the same, claimed in damages. or the description of
the property, alleged to be unlawfully detained from
the said petitioner or petitioners, which several facts so
t~ be contained in the said petition, shall be severally And upn afii..
verified by the affidavit of the party or parties about to i;,
institute the suit, or any of them, or by his, her or their
agent, which said affidavit may be taken in the same
places, before the same officers, mentioned in, and au-
thenticated in the same manner, prescribed by the first
section of this act, for the taking and authenticating oi
the affidavits therein mentioned; upon the exhibition of
such petition, of lte cause and affidavit to the judge o'-









justice of the court in wh ch the suit is to be instituted,
it shall be his duty to order an attachment to issue a-
gainst the goods, chattels, and effects of the person or
persons who is or are to be made defendant or defend-
ants, in the said suit, or so much thereol' as will be suf-
ficient to satisfy tie debt or demand of the plaintiff or
plaintiffs, and the costs of the suit, or against the pro-
perty so alleged to belong to the said plaintiff or plain-
tiffs, and to be unlawfully detained, provided the plain-
And givinsecu- tiff or plaintiffs in the action in which the said attach-
rtv nient shall be applied for, shall before the granting the
order for the said attachment, have given a bond with
two good and sufficient securities to be approved of by
the judge or justice ordering the attachment, in double
the value of the property to be attached, payaole to the
defendant or defendants, in the said suits, and conditi-
oned for the prosecution of the said suit of the plaintiff
or plaintiffs, to effect, and for the payment of the said
defendant or defendants, his, her or their executors and
administrators, all damages and costs which shall arise
to the said defendant or defendants, by reason of the le-
vying the said attachment, upon his, her oi their pro-
perty, and by reason of the failure to prosecute the said
suit of the plaintiff orplaintiffs, to effect: upon the filing
the said petition, for the attachment in this section
mentioned, and the order for the issuing thereof, with
the said bond, in the office of the clerk of the court from
Attachment may which the said attachment is to issue, it shall be the du-
isue ty of the said clerk to issue an attachment conformably
to the provisions of this section of this act; and it shall
be the duty of the ministerial or executive officer of the
court, from which the said writ of attachment shall is-
sue, to execute the same immediately, by levying upon
attaching and taking into his possession, tte lands, te-
nements. goods, chattels and effects of the said defend-
ant or defendants, until the plaintiff or plaintiffs shall
have obtained a judgment in the said suit against the
defendant or defendants.
SEC. 12. Be it further enacted, That property attach-
ed under the provisions of the last preceding section of
this act, may be replevied at any time before judgment
by the defendant or defendants giving bond with two or
more good and sufficient securities, in the penal sum of
double the value of the property attached, (the said va-
lue to be ascertained by appraisement in the manner
.Defendant may pointed out by the provisions of this act for the ap-
replevy bv bond
praisement of the property therein mentioned, at the
expense of the party replevying) payable to the plain-'









tiff or plaintiffs in the suit, his, her or their executors
and administrators, and conditioned for the surrender
and redelivery of the property replevied, in the same
plight in which it was received, to the ministerial or
executive officer of the court, in which final judgment
in the suit, in which the property shall have been at-
tached, shall be rendered in favor of the plaintiff or
plaintiffs therein, whenever the said officer shall de-
mand such surrender, or redelivery, by virtue of an exe-
cution under the final judgment against the property of
the said defendant or defendants, or for the payment of
the said plaintiff or plaintiffs, of the amount of the fudg-
ment and costs adjudged and entered up against the
said defendant or defendants in the said suit.

GEO. MURRAY,
President of the Legislative Council.
Attested,
F. J. FATIO, Clerk.

Passed by the Council June 27th, 1823.
Rejected by the Governor and passed by the re-
quisite majority of the Council.



AN ACT,

Respecting the probate of wills and the granting of letters testa-
mentary, and letters of administration, and the duties of execu-
tors, administrators and guardians.
Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That it shall be the du-
ty of the county courts in the several counties of this
Territory, in term time, and of the judges of said court. County Courts
in vacation, to take proofs of all last wills and testa- to be Courts of
ments, and to grant probates, letters testamentary and ~robate
letters of administration, with or without any will an-
nexed, and ni d perform all maQer, and thin s en-
joined on said couirs, or the judges thereof in relation
to the estates of deceased persons.
Sec. 2. Be it further enacted, That no person shall
be qualified or permitted to act as an executor, execu-
trix, administrator or administratrix, unless he be
twenty one years of age or upwards, and in the case of Qualifications of
minors being named executors in any last will and tes- Ex'rsandAdrn'rs
tament, the letters testamentary shall be granted to the
other executor or executors, if any be named in said
will or testament, or if none others be named, letters of
F























Probate to be
iraited in tes-
tators County












To whom letters
may be granted.


administration with the will annexed, shall be granted
to the next of kin, or to such other person as the court
or judge shall appoint, according to provisions hereaf-
ter mentioned, until such minor shall come of full age,
when he shall be admitted to act, and be qualified as an
executor; in such case the letters of administration, if
any shall have been granted, shall be revoked, and the
said administrator or administratrix, shall render a true
and faithful account of his or her administration to the
county court, and surrender the estate to the said exe-
cutor or execute ix.
SEc. 3. Be it further enacted, That the probate of all
wills and letters of administration, shall be granted in
the county wherein the testator or intestate died, unless
at the time of his or her death, he or she had a mansion
house or other place of abode, in some other county, and
in such case the probate and letters of administration
shall be granted in snch other county, and if his or her
death take place out of this Territory, and at the time
of his or her death, he or she was possessed of any
goods, chattels, slaves or lands, in any county of this
Territory, the probate of his or her will may be grant-
ed in the county where any part of said goods, chattels,
slaves or lands may be.
SEC. 4. Be it further enacted, That letters of admi-
nistrar.ion shall be granted to the representatives of the
intestate, who apply for the same, preferring first the
husband or wife, and next such others as are entitledto
distribution of the estate of the intestate, in the order of
consanguinity, and if no such person apply for adminis-
tratio., or if on applying, cannot compl) with the pro-
visions of this act, after citation, duly published, for
the term of six weeks, once a week in some newspaper
rinted in the district or jurisdiction, where the intes-
tate died,if any be printed there, and if not, in some
newspaper printed in the adjoining district or state,
then the said court or judge may grant administration
to a creditor of e intestate, or some te.a'fit person-
but if any will al, ert gFrantingletters oT adminis
tration, be produced, and duly proved, the aforesaid
letters of administration "shall be revoked, and letters
testamentary granted to the executors of said will. pro-
vided they shall be ready and willing to be qualified,
and if not, the letters of administration, previously
granted shall stand good, and the will be thereto an-
nexed.
SEc. 5. Be it further enacted, That previously to the
granting of letters of administration, it shall be the dn*









ty of the court or the judge to require the person apply.
ing for administration, to state upon oath or affirmation
to the best of his knowledge and belief, whether there
be any heirs or legal representatives of the intestate, in
being or not; which statement shall be in writing, and
subscribed by the party making the same, and filed in
the clerks office, and such person applying as aforesaid,
for letters of administration, shall be also required to
state upon oath or affirmation, whether according to the
best of his or her knowledge and belief, the deceased
died without a will, and to swear or affirm that he will Executors oath
well and truly administer all and singular the goods,
chattels, rights and credits of the said deceased, make
a just and true inventory of the same, pay his debts,
as far as the assets of the estate shall extend, and
the law direct, and make a fair distribution according
to law-and render a true account of the administra-
tion of the estate when thereunto required. All exe-
cutors taking out letters testamentary on the estates
of their testator, and all administrators with the will
annexed, shall make oath or affirmation before the
court or judge, that they will well and truly perform
the last will and testament of the testator, and pay all
his just and lawful debts, so far as his. goods, chattels,
rights and credits will extend, and that they will make
a true and correct inventory of the same, and render a
true account of their administration when thereunto re-
quested.
SEC. 6. Be it further enacted, That the person or
persons to whom letters of administration with or with-
out the will annexed, shall be granted as aforesaid,
shall be required by the said court or judge to execute To gii boe
and file in the clerks office a bond, with two or more
sufficient securities, in such penal sum as the court or
judge may deem fit, respect being had to the value of
the estate, in the name of the Governor of the Territory
or his successors in office, in the manner and form fol-
lowing, to wit: The condition of this obligation is
such that, if the within bounden A. B. administrator or
administratrix, as the case may be, of all and singular
the goods, chattels, rights and credits of C. D.
deceased, do make or cause to be made a true and For of th
perfect inventory of all and singular the goods, "onditio,"
chattels, rights and credits of the said deceased
which have or shall come to the hands, possessi-
on or knowledge of him the said A. B. or into the
hands of any person or persons for him, and the same
so made, do exhibit or cause to be exhibited, into th









































Administrators
may be appoint.
e pending a
controversy


clerks office of the county court for the county of -
at or before the day of -
------ next ensuing, and all the goods, chattels,
rights ana credits of the said deceased, at the time of
the death of the said deceased, which at any time after
slihl come to the hands or possession of the said A. B.
or into the hands or possession of any other person or
persons 'orhim,do well and truly administer according
to law, k further make or cause to be made, a true k just
account of his administration, when requested ; and all
the rest and residue of the said goods, chattels, rights
and credits, which shall be found remaining, upon the
said administrators account, the same being first exa-
mint d and allowed by the county court of the county
where the said administration is granted, and shall de-
liver and pay to such person or persons respectively, as
the said court, by their order or decree, pursuant to the
true intent and meaning of this act shall appoint and di-
rect-and if it shall thereafter appear that any last
will and testament was made by the said deceased, and
the executor or executors therein named, do exhibit the
same, into the office of the said court, making request
to have it allowed and approved, and the said will is al-
lowed and approved by the said court, then if the said
A. B. within bounden, being thereunto requested, do
render and deliver his said letters of administration,
then this obligation to be void and of no effect, other-
wise to remain in full force and virtue. And adminis-
trators with the will annexed, or of goods and chattels
not administered, shall give a bond with the like secu-
rity, changing the form of the condition according to
the nature of thejcase.
SEc. 7. Be itfurther enacted, That while any contro-
versy is pending in regard to any will, or during the
minority, or in the absence of the executor or executrix,
the court orjudge may grant letters of administration
during such controversy, minority or absence, or may
appoint any person or persons to collect and preserve
the estate of the deceased, and sell any part of the same
which may be of a perishable nature, until a probate of
the will or letters ofadministration be granted, on tak-
ing bond and security, for administering the estate of
such testator, well and truly, during the controversy,
minority or absence of the executor or executrix, or for
collecting the estate, and making an inventory thereof,
and safe keeping and delivering of the same, when there-
unto lawfully requested by the executor or executrix.
administrator or administratrix duly qualified.









SEC. 8. Be it further enacted, That all wills of which WillsandLetter-
probate shall be granted as aforesaid, shall be deposited to be recorded
in the office of the clerk of said county court, and by
him fairly and correctly recorded, in a book kept for
that purpose, together with the letters testamentary or
of administration, granted thereon, and all letters of ad-
ministration on the goods, chattels, rights and credits
of persons d) ing inteslate, shall be also recorded in the
office of tht said clerk, and on request and payment of
hii fees, he shall give certified copies thereof, with the
seal of the court, which certified copies shall be recei-
ved in evidence in all the courts of record in this territo-
ry, and have the same effect as the originals might or
could [rave, in law or equity, and if any clerk shall de-
liver such letters testamentary or of administration,
without recL rding the same, he shall forfeit to the par-
ty injured double the damages which he may have sus-
tained for default ofsuch record being duly made.
SEC. 9. Be it further enacted, That copies of all Wills heretfotbr
bills, [wills] and of letters testamentary and ofadminis- recorded
traction, heretofore recorded in any public office of re
cord in this territory, when duly certified by the keep-
er of the said records, shall be received in evidence in
all the courts of records [record] in this territory, and
the probate of wills granted in any of the United States
or the Territories thereof, in any foreign country or
state duly authenticated and certified according to the
laws of the state or territory, or of the foreign country
or state where such probate may have been granted,
shall likewise be received in evidence in all the courts
of record in this Territory. Court to appoin
SEc. 10. Be it further enacted, That the said court appraisers
or judge on granting letters testamentary, or of admin-
istration, shall appoint two or more respectable and dis-
creet persons, not of kin to the deceased, as appraisers
of the goods and chattels, rights and credits of the tes-
tator or intestate, and shall administer to the said ap-
praisers an oath or affirmation, truly and justly to view
and appraise according to the best of their skill and o-
pinion, all the personal estate and slaves of the testator
or intestate, which to them shall be produced, or which
shall come to their knowledge, and deposit the appraise-
ment thereof in the office of the clerk of said court. Appraisement
SEc. 11. Be it further enacted, that on the appoint- may serve as ii.
mcnt of the appraisers aforesaid, they shall proceed to ventory
appraise all the slaves and all the personal property to
them produced, and the appraisement thereupon made
Is signed by the executor or administrator, may he con-


















'Provison for wi-
dow & children


sidered as an inventory of such part of the estate as had
come to his hands or -possession. And in all cases
where any person dies intestate, leaving a widow or
children, such widow or children, shall be entitled to
keep heror their wearing apparel, and such household
goods abd farming utensils, provisions and clothing ne-
cessary for their support and maintenance, as the ap-
praisers shall exempt from the inventory, they having
special regard to the ability of such widow and chil-
dren, to provide for and maintain themselves. And it
shall be the duty of the court or judge appointing the
appraisers as aforesaid, to direct them to make out a
list or schedule to be signed by them, of all household
goods, farming utensils and provisions and clothing by
them exempted from inventory, together with the num-
ber of such family, which articles exempted as aforesaid
they shall also appraise, and the schedule thereof de-
posit in the clerks office. And where the intestale
leaves awidow, the aforesaid articles exempted from
inventory, and appraised, shall be considered and taken
as forming a part of the widows dower, or be in lieu
thereof, if the same shall amount to one third part of
the personal estate of the deceased. And the schedule
thereof shall be a discharge of the administrator from
being accountable for the goods effects and provisions
so exempted as aforesaid,


if the estate be SEC. 12. Be it further enacted, That in all cases
where the estate shall be insolvent, or indebted to the
full amount of the estate, the widow shall be allowed to
keep as her absolute property, her implements of in-
dustry, such as cards, wheels, spun yarn of every kind,
and also all the cloth and clothing made up in the fami-
ly of the said widow and family for their own use, and
also such property, goods, wares and furniture as said
widow may think proper, not to exceed the appraised
value of cne hundred and fifty dollars.
SEc. 13. Be it further enacted, That all executors
and administrators, where they have good cause to be-
Widow to give a lieve that the estate of the deceased is insolvent, or in-
receipt debted to the full amount of the same, after it shall be
appraised, as required above, shall deliver such articles
as above mentioned in this act, to the widow, and take
her receipt for the same, which receipt shall be allow-
ed the executors and administrators in their statement
of the said articles, and in all cases where it may be
found by executors or administrators, after delivering
the property, as above described, to the said widow,










that the estate is not insolvent, the said widow shall
discount the amount of said receipt, by her given to
the executor or administrator, so much of her one third
part, or half of the estate of her deceased husband, as
the case may be.
SEC. 14. Be it further enacted, That each appraiser
appointed as aforesaid, shall be entitled to receive one
dollar per day for his attendance and services, to be
paid out of the estate of the deceased.
SEC. 15 Beitfurther enacted, That all executors and
administrators shall file their inventories in the clerks
office within two mouths from the day of their being
qualified.
.bec. 16. Be it further enacted, That inventories and
appraisements may be given in evidence in any suit by
or against t.e exctcutors or admit-istrators, but shall
not be conclusive fr or against them, if other testimo-
ny be given, that the estate was really worth, or was
bona tide sold for more or less than the appraised a-
mount.
SEC. 17. Be it further enacted, That, executors or
administrators, nwh-ther it be necessary for the pay-
ment of debts or not, shall as soon as convenient, after
they shall be qualified, sell at public sale all such goods
of their testator or intestate, specific legacies excepted,
as are liable to perish, be consumed, or rendered worse
by keeping, giving such credit as they shall judge best,
and the circumstances of the estate will admit of, taking
bonds or promisory notes with good security of the
purchasers, and shall account for such goods according
to the sales; if more be sold than will pay the debts and
expenses, the executors and administrators may assign
said bonds and notes for tie surplus, to those entitled
to the estate, and be discharged for so much.
SEC 18. Be it further enacted, That if such perish-
able goods be not sufficient for the payment of debts
and expenses, the executors or administrators shall
proceed to sell the other personal estate, disposing of
the slaves last, until the debts and legacies be all paid,
having regard to the specific legacies, Provided, That
if any testator direct that his estate shall not be apprai-
sed or sold, the same shall be preserved in specie, and
an inventory only made thereof, and deposited, unless a
sale be necessary for the payment of debts.
SEC. 19. Be it further enacted, That it shall be the
duty of executors and administrators, when they sell
the personal property of their testator or intestate, to
deliver to the clerk of the court a complete schedule of


Compensation to
appraisers


Inventories to be
filed



Inventories may
be given in evi'-
dence




Perishable good
to be sold t(i
debts














If not suiMtcient,
other personal
estate







Schedule of pro.
perty sold, hT,
filed














c nveyancc to
1,, made by Ex'r








Adm'r to petition
for leave to sell
real estate















Sale to be adver-
tised


the property sold, signed by the said executors or ad-
ministrators, or such of them as shall have made the
sale, which said schedule shall contain a description of
the articles, the names of the purchasers, and the a-
mount, and shall be deposited in the clerks office within
sixty days after the said sale shall have been made.
SEc. 20. Be it further enacted, That the sale and
conveyance of lands and tenements, sold in pursuance
of any will, shall be made by the executors or such of
them as shall undertake the execution of the same, or by
the surviving executors, or by the administrator with
the will annexed, if no other person be appointed in such
will for that purpose, or if the person s- appointed shall
refuse to perform the trust, or die before he shall have
completed the same.
SEC. 21. Be it further enacted, That if any person
shall die intestate, being owner of lands and tenements,
within this territory, at the time of his or her death,
but not of sufficient personal estate and slaves to pay his
or her just debts, it shall and may be lawful for the ad-
ministrator to apply by petition, to the county court of
the county, where such lands or tenements may lie, fur
permission to sell the same, or a sufficient part thereof,
at public sale, to discharge the debts of the intestate,
and upon satisfactory cause shewn, the said court may
from time to time, order and direct such sale to be
made, Provided, that the county court shall make no
such order, unless the administrator shall, together
with his petition, file a true and just account upon oath
or affirmation, of all the debts of the intestate, which
shall have come to his knowledge, together with the in-
ventory appraisement and sale of the personal estate.
SEC. 22. Be it further enacted, That before any
sale shall be made of the lands or tenements of any in-
testate,in pursuance of the provisions of the preceding
section, the said court shall direct that advertisement
of such sale shall be posted up at the court house, and
at several public inns in the county where the lands lie,
for the space of two months, and that such advertise-
ment be also inserted once a week till sold, in some
newspaper printed in this territory, in the county near-
est to that in which the lands lie, and the administrator
after making such sale, shall render an account of the
same to the next county court held in the county, where
the lands lie, and make oath or affirmation that neither
he, nor any person for his use or benefit, became a pur-
chaser of the said lands, and all lands and tenements










sold as aforesaid, shall not be afterwards liable for the
debts of the intestate.
SEc. 23. Be it further enacted, That the lands and
tenements of any testator who shall not have directed
the sale thereof, in his will, shall in pursuance of the
provisions of the preceding section, be sold under the
order of the said court, to pay the just debts of the said
testator, and the like proceedings shall take, place, as
directed in the sale of the lands and tenements, ofintes-
tates, Provided always, That nothing in this act con-
tained, shall be construed to effect the right any widow
may have to dower, in the estate of her dece'd husband.
SEC. 24. Be it further enacted, That no executor or
administratorshall be compelled to pay the debts of the
testator or intestate, until after the expiration of six
months from the taking out letters testamentary or let-
ters of administration, and if any person shall bring
any action against any executor or administrator with-
in the aforesaid six months, the plaintiff although he
may obtain judgment for the amount of his demand,
shall not recover any costs in his suit, nor have execu-
tion on his judgment, until after the expiration of the
said six monthsnor shall any execution issue on any
judgment rendered against the deceased, in his life
time, without being revived by acirefacias" nor un-
til after the 'expiration of the six months as aforesaid.
SEc. 25, Be it further enacted, That in all cases
where judgment shall be rendered against executors or
administrators, to be levied on the goods and chattels
of the deceased, no costs shall be recovered.
SEc. 26. Be itfurther enacted, That it shall be the
duty of all executors and administrators, on taking out
letters testamentary or letters of administration, to
cause an advertisement to be published once a week for
the space of eight Weeks, in some newspaper printed in
the county, in or nearest to that wherein the said letters
testamentary or of administration if any such paper be
printed in this r i---ory, ifnot, to post up such adver-
isement on the outer door of the court house, in said
county, calling upon all persons who have any demand:
against the estate of the deceased, to present them with-
out delay to such executors oradministrators.
SEC. 27. Be it further enacted, That executors and
administrators shall pay the debts of the deceased in the
following order. First, the necessary funeral expenses;
next, debts due for board and lodging, during the last
sickness of the deceased; next, physicians and surgeon
fills. for medicine and attfndance during the last sick
(T


Lands sold by or-
der of court'










Ex'trs. not corn
pelled to pay
debts until after
sixnonths






o costs recover.
able from the es.
fAte of the dec'd





-x'rs snd adm'rs
(o advertise for
demands vs. the
estate








Order or paym't









ness of the deceased; next, judgments of record render
ed and docketed in this territory during the life time of
the deceased, and all debts due to this territory ; and
finally all other debts, whether by specialty, or other-
wise, without any distinction of rank.
SEc. 28. Be itfurther enacted, That when any ac-
tion shall be brought against any executor or adminis-
trator suggesting a devastavit" if such executor or ad-
Exr's bound de ministrator cannot slew that he has fully administered
bohis proprias according to law, he shall be charged of his own estate
pon sufevista- with the amount of the debt proved to be due from the
ylt estate, if assets to that amount be proved to have come
to his hands, and not duly administered by him; or so
much of said debt as the amount of said assets, not du-
ly administered.
SEC. 20. Be it further enacted, That whenever it
shall appear satisfactorily to the said court or judges, on
Ex'r. mismana-p petition of any legatee, heir or security, that any execu-
ing estate. tor who has taken out letters testamentary on the estate
of any testator, that the said executor is either misma-
naging or wasting the estate of the deceased, it shall be
lawfulfor the said court or judge to revoke the said
letters testamentary, and to appoint one or more recei-
vers of the said estate, or to require good and sufficient
security, by bond, to he filed by the said executors, for
fthe further due administration of said estate, and on pe-
tition as aforesaid, whether any mismanagement or
waste be charged or not, the said court or judge may or-
ecurity requi-' ker either executors or administrators to file a just and
rue account of their administration in the clerks office,
within such time, as the said court or judge may direct,
'from the issuing and service of such order, and whene-
ver it shall be satisfactorily shewn to the court or judg-e
by affidavits or otherwise, that the securities, or any
bond given by executors or administrators, are insuffici-
ent, the court or judge shall order that additional secu-
Ifsecurity be in prity be filed, and if not complied with, within sueli time
sufficient as shall be directed in said order, the said court or
judge may revoke the letters testamentary or letters of
administration, and appoint a receiver or other admin-
istrator.
SEC. 30. Be itfurther enacted, That all bonds given
by executors or administrators pursuant to this act,
may be put in suit and prosecuted from time to time, at
the suit of the party injured, in the name of the governor
Bonds to bedeli- of the territory, for the use of the party injured fur a
vered bytheclk. breach of said bonds, until the whole penalty in the
to injured party, same be recovered. And the clerks of the said courts









shall deliver to any person on request, and pay.
ment of his legal fees, a true copy of any bond
given by executors or administrators in pursuance of
this act, and such copy certified by the said clerk with
the seal of the court annexed, shall be sufficient evidence
in any court on any trial that shall be had for the breach
of the conditions thereof.
SEC. 31. Be it further enacted, That no security for any
executor or administrator shall be charged beyond the Security
assets-of the testator or intestate, by reason of any o- ble by e
mission or mistake in pleading, or for false pleading, pleading
of such executor or administrator.
SEC. 32. Be it further enacted, That executors and
administrators shall be allowed in their accounts all
reasonable charges and disbursements, which they shall Compen:
lay out and expend in funeral expenses of the deceased, Executo
and in their administration of the estate, and may be
allowed a just and fair compensation for their services,
not exceeding six per cent, on the whole amount of the
personal estate, and not exceeding one per cent on the
money arising from the sale of lands and slaves, except
as herein otherwise provided, where there are no heirs
or legal representatives. *
SEC. 33. Be it further enacted, That executors ad-
ministrators and guardians may by leave of the court, Executo
retain in their possession the money of any minor, pay- retain mi
ing for the same lawful interest, or shall under the di- Minorsb
reaction of the Court. put out the money of the minors interest
at interest, upon such mortgage security as said court-
shall allow, and if such security be taken bonafide, and
without fraud, and shall happen to prove insufficient, it
shall be the loss of the minor, but if no good security
can be found, on which to put out the said money at in
terest, the said executor, administrator or guardian
shall only be responsible for the principal. Provided,
That the day of payment of the money so to be put
out at interest, at any time, shall not exceed one year
from the date of the obligation or other security given
for the same; and also that at the end of each year the Proviso
interest due, if not paid, be made principal, and a new
bond or obligation be taken ; and where the executor
administrator or guardian retains the money on in-
terest himself, he same rule shall be observed, the in-
terest being added to the principal annually. But exe-
cutors, administrators and guardians shall not be lia-
ble to pay interest except on the surplus of the estate of
the deceased, remaining in their hands, and unemploy-
ed, as aforesaid, after the settlement of their accounts,


not liar
erroneous



station to
rs


rs may
money of
y paying









which settlement they are hereby required to make
once a year before the court.
SEC. 34. Be itfurther enacted, That when any execu-
tors, administrators or guardians, shall make a settle-
ment of their accounts before the courts as aforesaid, it
shall be their duty at least two months previously to
presenting their accounts and vouchers to the court, to
To give notice of give notice by written advertisement, posted up at the
settling accounts outer door of the Court house, and also at two public
inns in the county where the court is to be held before
which their accounts and vouchers are to be presented,
of their intention to present their said accounts and
vouchers; and no account or settlement shall be made
or allowed by the court, unless such notice shall have
been given as aforesaid, and it shall be the duty of the
court to make such settlement with such executors, ad-
ministrators and guardians as herein directed.
SEc. 35. Be it further enacted, That the judges of
Judthe County Courts of this Territory respectively, shall
Judga settlem have power to award process to cause to come before
by attachment them all and every such person, who as executors, ad-
ministrator, guardian, tutor, trustee or otherwise are
or may be concerned and entrusted, or in any wise ac-
countable for any estate real or personal, belonging to
any.orphan or any person under age, to cause them to
make within a reasonable time, true and perfect inven-
tories of said estate, and render just and true accounts
of the same; and if any person entrusted as aforesaid,
shall neglect to account to said court as aforesaid, the
court shall immediately issue an attachment against
such person, to be executed by the Sheriff of the oonnty
where such person may live, to be returned by the She-
riff together with the delinquent, who shall pay all the
costs of the attachment.
SEC. 36. Be itfurther enacted, That no legacy or dis-
tribution shall be required of any executor or adminis-
trator until the expiration of six months from the tak-
ing out of letters testamentary or letters of administra-
tion, nor shall executors or administrators be compelled
Legacies or dis- to pay legacies, or make distribution until bond and se-
tribuon payable curity be given by the person entitled to the same, to
refund a due proportion ao any debts or demands which
may afterwards appear against the estate, and all costs
which may be awarded on the same, Provided, That
such debt or demand shall appear within two years af-
ter granting the letters testamentary, or letters of ad-
ministration.









SEa. 37. Be itfurther enacted, That all debts and
demands of whatsoever nature, against the estate of a-
ny testator or intestate, which shall not be exhibited
within the said two years, shall forever afterwards be
barred, Provided, That the executor or administrator
shall by an advertisement to be published once a week
for the space of four weeks, in some newspaper printed
in this Territory, and also in some newspaper printed
in a neighboring state, give notice to all creditors, lega-
tees and persons entitled to distribution, that their
claims and demands will be barred at the expiration of
the period aforesaid, unless exhibited within the same,
saving however to married women, infants, persons of
unsound mind, imprisoned or beyond the limits of the
boundaries of the United States, or out of the limits of
this Territory, in the military or naval service thereof,
during war, the said term of two years after their res-
pective disabilities shall be removed, to exhibit their
respective demands to said executors or administrators.
SEc. 38. Be it further enacted, That if any execu-
tor or Administrator, guardian or trustee, shall receive
and give discharges, for any debts, rents, duties or sums
of money, belonging to any orphan or minor, for whom
the said executor, administrator, guardian or trustee
was entrusted, all such discharges and receipts shall
be binding upon the orphan or minor, and his heirs
when he shall come to full age. and shall be effectual in
law to discharge the person taking the same. Provi-
ded however, that nothing herein contained shall dis-
charge the executor, administrator, guardian or trustee
from accounting to the orphan or minor, where such
receipt or discharge shall not have been legally given,
or given for a fraudulent purpose.
SEC. 39. Be it further enacted, That the lands and
tenements of every person dying intestate, in this Ter-
ritory, as well as the personal estate of such person, if
he leaves no lawful heir or heirs, after all legal debts
and expenses shall be paid, shall become the property
of the Territory, and if any person shall administer on
the said estate, he shall be considered as a trustee of
the same for the use of the Territory.
SEC. 40. Be itfurther enacted, That it shall be the du-
ty of such administrator, immediately on taking out
letters of administration on any estate, where it is ge-
nerally believed and reported that the deceased left no
lawful heirs, to cause to be published a notice in some
newspaper printed in the territory, and one or more of
the neighboring states, and continued for the same for


Debts barred in
two years






Notice to be giv-
en









Ex'rs discharge
to be binding











Estate of Intes-
tates without
heirs to escheat






Notice to be pub-
lished

















proceeds to be
paid into the
treasuryy

















Reai estate to be






Notice to be giv-
en


six weeks, containing the name of the intestate, and as
near as may be a description of his person and of the
place where he died, or was known to reside, and also a
statement of the appraised amount of his estate; and it
shall be the duty of such administrator, after the expi-
ration of one year from the time of taking out letters of
administration, if no heir or legal representative shall
appear, to pay into the Treasury of the Ter, itory, un-
der the direction of the County Court, where letters of
administration shall have been granted, all the proceeds
of the personal estate of such intestate, retaining ten
per cent. for his personal trouble, in administering said
estate, together with all actual disbursements by him
necessarily made, in and about the administering of
said estate. And it shall be the duty of the said court,
in directing the proceeds of said estate to be paid into
the Territorial Treasury on payment of the same, to
cause an entry to be made of record, specifying the a-
mount so paid into the Treasury, and also the name of
the intestate and of the administrator, together with a
copy of the notice published as hereinbefore directed,
and the said court shall thereupon discharge such ad-
ministrator of the amount so paid, together with the ten
per cent. allowed him, and the necessary disbursements
as aforesaid.
SEC. 41. Be it further enacted, That when any intes-
tate shall have died seized or possessed of any real es-
tate in this Territory, it shall be the duty of such ad-
ministrator, at the expiration of two years, if no heiror
legal representative shall appear, to apply to the coun-
ty court, where such estate may lie for an order for the
sale of such estate; and upon the production by the ad-
ministrator of the letters of administration, and a copy
of the notice published as hereinbefore directed, toge
their with a certificate from the court from whence said
letters of administration issued, under the seal of said
court, (if any other than the court from whence said
letters of administration issued) certifying that the said
estate is such as comes within the purview of the thirty
ninth section of this act; to order the sale of such real
estate, to be made on some day of a succeeding term of
said court, at the court house door, after advertising said
sale in some public newspaper printed in this Territory
and for at least three weeks next preceding the day of
sale, and posting up said advertisement for the same
space of time at the court house door.
SEc. 42. Be itfurther enacted, That on the sale of
such estate as aforesaid, it shall be the duty of such ad-









ministrator to give a credit of one year to the purchaser purchaser b t
who shall be the highest bidder, upon such purchaser havecredi*
giving bond with security approved by the administra-
tor, for the payment of the purchase money; and it
shall be the further duty of such administrator upon the
sale of such estate, to execute to the purchaser a deed
conveying all the right title and interest which said in-
testate had in the said estate, which deed shall be ac-
knowledged before the County Court of the County
Where the estate shall lie; and it shall be the further du-
ty of such administrator to pay into the Territorial
Treasury all the proceeds by him received, on the sali
of sach estate, in the same manner as directed in the
fortieth section of this act, retaining for his trouble thd
same compensation as therein allowed, on the whole
proceeds of such sale, together with all necessary dis-
bursemetis by him actually made, in and about the sel-
ling of such estate; Provided, That no administrator on
said estate, shall either directly or indirectly become
the purchaser of the whole or any part of the land or
tenements sold by virtue of this section, and when the
said administrator shall give a deed for said lands so Itovlko
sold, he shall make oath or affirmation that he is nei-
ther directly nor indirectly interested in the purchase
of said land or tenements or any part thereof.
SEC. 43. Be it further enacted, That if any heir or
legal representative of any intestate within the meaning
of this act, shall appear and prove his right to the es- Heir appear",i
tate after the payment of the proceeds thereof into the
Territorial Treasury as aforesaid, the court shall or-
der the money so paid into the Treasury forthwith to
be reimbursed to said heir or legal representative, out
of the Territorial Treasury.
SEC. 44. Be itfurther enacted, That if any person or
persons shall feel aggrieved by any definitive order,
judgment or decree of the County Court, with respect Party aggricve-r
to any matter relating to the administration of the es- may appeal
tate of any deceased person, it shall be lawful for the
person so aggrieved to appeal from the said order,
Judgment or decree to the Superior Court, which ap-
peal upon security given as in other cases, shall be al-
lowed accordingly; and such appeal shall he a superse-
deas to all further proceedings in the Court below, un-
til the same be determined.
SIc. 45. Be itfurther enacted, That when any person
shall die intestate, and there be no relations of the de- Curstortobe ap
ceased in the County, the Court, or Judge in vacation, pointed in cre*
shall appoint a curator to take charge of the estate of tain r-^e





















Clerks may act
in the absence of
judges




Residue of pro'
perty to be dis
tributed


5.
the deceased, until lettersof administration be granted,
and if said Court or Judge do not appoint a curator,
the sheriff shall "ex officio" take possession of the
goods and chattels of the deceased, and be accountable
for the same to the administrator whenappointed, and
shall make an inventory of the same, and deposit said
inventory in the clerks office of said court.
SEc. 46. Be it further enacted, That the clerks of the
said County Courts respectively, in the absence, sick-
ness or other disability of the Judges of said Courts, are
hereby authorised and empowered to discharge the du-
ties appertaining to said Judges, in regard to the pro-
bate of wills, granting letters of administration and let-
ters testamentary, and making the necessary orders in
regard to the custody, preservation or sale of the es-
tates of deceased persons, subject to revocation or con-
firmation by the said Court or Judges.
SEc. 47. Be itfurther enacted, That after all debts
and legacies have been paid, the property remaining in
the hands of the executor or administrator shall be dis-
tributed according to the provisions of the law regulat-
ing descents.


Attested,
F. J. FATIO, C


society incorpo
rated


UiGE. M UKIRAY,
President o the Legislative Council.

;lerk.
(Approved 28th June 1823.)


WM. P. DUVAL.
Governor of the Territory of Florida.



AN ACT,

To incorporate the Charitable Society in the City of St. Augustine

Be it enacted, by the Governor and Laeg't!."'T Council
of the Territory of Florida, That Joseph M. Hernan-
dez, Bernardo Segui,Francisco Medicis and the other of-
ficers and members of the society known in this city, by
the name of the Charitable Society, shall be and are
hereby declared to be a body politic and corporate, in
name and in deed, by the style of The Charitable So-
ciety," and by the said name and style shall have per-
petual succession ofofficers and members, and a common









seal to use, and shall have full power to make, alter. a-
mend and change such bye laws as may be agreed upon
by the members of the same : Providtd always, TIhat
such bye laws be not repugnant to the (onstitution of
the United States, or the laws of this Territory.
SEC. 2. Be it further enacted, That they shall have
full power and authority, under the style and name of
the Charitable Society," to take hold and enjoy real
and personal property, Provided always, That the a-
mount of such property shall nut exceed the value of
five thousand dollars, in addit on to the propel ty now
owned by said society; to sue for and reccuer, all such
sumlS of money as-now are or hert after may become due
to the said society, in any court of law, or irilbutnal lih v-
in; jurisdiction thereof; and the rights ard privit ges
o01 he said society, in any courtor in ai.y tribunal, to de-
fend ani also to rfcei\e take and ay ply bequests and do-
nations, as may be made to and for the use and purpo-
ses intended by the said institution, and shall be and are
hereby declared to be vested vith the powei s and ad-
vantages, privileges and immunities ofa society of peo-
pl incorporated for the relief of the indigent sick and
shipwrecked mariners.
GEO. MURRAY,
'President of the Legislative Council.


Attested,
F. J. FATIO, Clerk,


I.:nitation of ca.
p.Lu.


[Approved July 3d, 1823.


WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT,

Assigning duties to the Marshals of the United States for the Ter-
ritory uf Florida.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Marshals of
the Territory aforesaid, in addition to the duties as-
signed them by the laws of the United States, shall be
the executive officers of the Territorial branch of the
Superior Courts within their respective districts ; that
in exercising the authority aforesaid, the said Mar-
shals shall perform all the duties and be subject to all
the penalties and responsibilities imposed on the sher-
HI


Marshal to be
executive officer
of Sup'r Court















ins compensation





Proviso







To take an oath
and give bond


To'have custody
of prisoners


60

iffs, by the laws of this Territory, and the common and
statute laws of England, so far as the same may be ap-
plicable.

SEc. 2. Be it further enacted, That for the perfor-
mance of the duties aforesaid, the said Marshals shall
be entitled to receive such compensation as may be es-
tablished by the Acts of the Legislative Council.

SEC. 3. Be it further enacted, That in case of the
death, resignation, inability or refusal of the Marshals
to perform the duties hereby assigned them, then and
in thal case the Governor shall be and is hereby autho-
rised and empowered to assign said duties to the execu-
tive officers of the county courts within their respective
counties.

SEC. 4. Be it further enacted, That previous to the
entering on the duties hereby assigned them, the said
Marshals shall take an oath faithfully to perform the
duties of their offices without partiality, favor or op-
pression, and shall execute bond in the office of the Se-
cretary of the Territory. or at such other place as the
Governor shall direct, with the security to be approv-
ed of by the Governor in the penal sum of five thousand
dollars, conditioned for the true and faithful perfor-
mance of the duties assigned them by this act, which
said bond shall not be void on payment of the penalty,
but shall remain in full force and virtue, and the said
Marshals and their securities shall be liable to the suit
of all persons sustaining injury by their failure or ne-
glect of duty.

SEC. 5. Be it further enacted, rhat the Marshals
shall have custody of all prisoners hereafter confined by
the laws of this Territory, and all prisoners now in
confinement,.together with the commitments or, which
they have been imprisoned, and all business confided to
the sheriffs of the several counties of this territory, e-
manating from the Marshals [Superior Courts] of their
respective districts; Provided, That nothing in this act
contained shall be so construed as to prevent the sheriffs
from completing the service of all process, in civil cases,
which has heretofore been issued to the said sheriffs
and now depending in the Superior Courts of their res-
pective districts, and the said sheriffs shall receive all
fees of office to which they may be entitled by law for









their services in completing the service and return of
such process.

GEO. MURRAY,
President of the Legislative Council.
Attested,
F. J. FATIO, Clerk,
(Approved June 29th 1823,)
WM. P. DUVAL,
Governor of the Territory of Florida.


AN ACT,

Regulating Executions.

Be it enacted by the Governor and Legislative Coun-
-il of the Territory of Florida, That all persons reco-
vering any debt, damages or costs by the judgment of
any court of record within this Territory, may at their
election, prosecute writs offieri facias or capias ad sa-
tisfaciendum,for taking the goods and chattels, lands,
tenements or the body, of the person or persons, against
whom such judgment has been obtained, in the man-
ner following : all writs shall be in the name of the
Territory of Florida, and be attested by the clerk of the
court from which they are issued, and shall be returna-
ble fifty days from the date thereof,
SEc. 2. Be itfurther enacted, That when any execu-
tion has been issued and not returned satisfied, the par-
ty at whose suit it issued shall have power to take out
another execution at his own costs, and when upon a
ca. sa. the sheriff or other officer shall return that the
defendant or defendants is or are not found, the plain-
tiff or plaintiffs may sue out a fieri facias or another ca.
sa. and where part of the debt is made, the party may
take out execution for the residue.
SEc. 3. Be it further enacted, That all writs of fieri
facias issued from the Superi, r Courts of this Territo-
ry, shall and may be executed within the extent of the
jurisdiction of said courts respectively, and all writs of
fieri facias issued out of the count) courts shall be exe-
cuted within the said counties respectively; but in case
any fi. fa. issued in one county be returned without full
satisfaction thereon, the plaintiff or plaintiffs may have
execution directed to the sheriff of any other county in


Form of execu-
tion








If not returned
satisfied alias
may issue







May be served
w within the juris-
diction of the
Court









which there may be any property of the defendant or
defendants, and a levy may be made thereon, and the
property sold as in other cases of execution.
SEc. 4. Be it further enacted, That the goods and
chattels lands and tenements of the defendant or defen-
Estate real and dants, sha'l be found [bound] by the judgment of the
ner !ial bouxld
bj dgiient court, and after the rendition of said judgment all subse-
quent sales, mortgages or incumbrances shall be void,
and tle first judgment shall be first satisfied.
SEC. 5. Be it frther enacted, That in levying execu-
tion the officer shall observe the following course, first
to levy on the goods and chattels, excepting slaves, and
Form of levy if none are to be found then upon the slaves, and finally
on the lands and tenements; that whenever any lands or
tenements are levied on, the defendant may surrender
p rs-nial property in lieu thereof, and the officer may
take the same in execution; and when any goods and
chattels shall be taken in execution, the officer making
the levy shall advertise the said goods and chattels for
public sale, to take place at the expiration of twenty
.:, 'crtisemcntef days from the time of making the levy, the advertise-
-ment of the sale shall be posted upon the outel door of
the court house, in the county where the lex y shall have
been made, and also at some public inn in said county,
and shall likewise be published in some newspaper, if
one be published in said county; and when any levy
shall have been made on any lands or tenements, they
shail be advertised as aforesaid, once a month for the
.pace of four months from the time of the appraise-
mint of the same, as hereafter mentioned, before any
sale of said lands or tenements shall take place, and
when any slave or slaves are levied on, it shall be in the
powei of the deft ndant to retain such slave or slaves in
'-r.t mav retain his or her possession, by giving bond with approved se-
.-s by giving culrty for tie r-tiun of such slave or slaves on the day
iid of sale. which bond shall have the effect of a judgment,
and if such slave or slaves are not returned on the day
ofsale, the plaintiff shall have execution against the
goods. chattels, lands and tenements of the defendant,
and his securities, and the same may be levied on and
solo at ten days notice, any thing to the contrary in this
act notwithstanding ; and where any slave or slaves are
thus taken by the defendant, such slave or slaves shall
be advertised once a month for two months, in some
newspaper printed in the county, and if no newspaper
be printed in the county, they shall be advertised at the
court house door for the space of two months previous
to the dav of sale,









SEC. 6. Be itffurther enacted. That whenever any levy
shall be made on any lands or tenements in virtue of a-
ny execution issuingout ofany court of record of this
Territory, before any sale shall take place of said lands
ail tenements,they shall be duly appraised by three ap-
praisers in the manner following, to wit : the Judge of
the court from which the execution shall have been is-
sued, shall either in term time or vacation on the appli-
cation of the party at whose instance the execution has
been levied, appoint fi\ e discreet and disinterested free-
holders of the county or district in which the levy shall
have been made, the names of the persons thus appoin-
ted shall be written on separate pieces of paper of the
same size, and put into a box, and the Sheriff, Marshal,
or other executive officer of the court, shall, in the pre-
sence, and underthe direction of the judge, by whom
the appointments have been made, proceed to draw
from the box the names of the persons thus appointed,
and the three persons whose names are first drawn from
the box, shall be the appraisers of the property levied
on, which said appraisers thus appointed, shall be
sworn or affirmed, before the said judge or any other
judicial officer of the Territory, truly and faithfully to
appraise the said lands or tenenments at the just value
thereof, in money, at the time of such appraisement ac-
cording to the best of their knowledge and belief, and
thereupon they shall forthwith as soon thereafter as
practicable, proceed to make the appraisement, which
they shall put down in writing, specifying the quantity
and quality of the lands and tenements, appraised as
nearly as the same can be ascertained, and the said ap-
praiser shall sign seal and deliver the said appraise-
ment'.o the clerk of the court, wherein the execution
issur1, and if the said appraisers fail or neglect to make
the appraisement, and file the same as aforesaid, with-
ir thirty days from the day of their being all qualified
'or that purpose, without good cause shewn to the
court from which the execution issued, they or each of
them, failing or neglecting as aforesaid, shall be fined at
the; discretion of the court in a sum no' exceeding twen-
ty dollars. for the use of the county, for such delay or
neglect, and shall moreover forfeit all compensation for
the services by them performed, ir said appraisenent,
and if the said appraisers shall neglect or refuse to ap-
praise, or return the appraisement, it shall be the duty
of the judge of the court or of the clerk to appoint three
appraisers in the manner hereinbefore directed, who
shall proceed to appraise as before directed and after


Lands to be sp-
praised















Appraisers hoxc
appointed















Their duty




Penalty for ne-
glect





















Duty of Sheriff










Sheriffto exe-
cute conveyance






Compensation to
appraisers



Renditioni expo-
nas







Defendant may
replevy by bond
to the clerk


appraisement made, when the lands and tenements le-
vied upon, shall be exposed at public sale, if they do
not bring two thirds of their appraised value, no sale
shall take place, but in that case the party plaintiff
shall be al liberty to take them at the said two thirds
of their valuation, in discharge of the execution or so
much of said property as will satisfy the same, but if
the said plaintiff should not choose to take said proper-
ty, it shall be again advertised for sale during the peri-
od of six weeks, and after the expiration of the said six
weeks the said property shall be exposed to sale and
struck off to the highest bidder, or so much thereof as
shall be sufficient to satisfy said execution, with all the
costs of appraisementand advertising, and should the
said property sellfor larger sum of money than will
satisfy the said execution and costs as aforesaid, the re-
sidue thereof shall be delivered by the sheriff or other
executive officer of the court to the defendant or defen-
dants.
SEC. 7. Be it further enacted, I hat whenever a sale
shall be made of any lands, tenements or slaves, in vir-
tue of an execution as aforesaid, the sheriff or other of-
ficers charged with the execution, shall on payment of
the purchase money, execute a deed of conveyance, or
bill of sale for the same, and in like manner, he shall
execute adeed of conveyance ofany lands or tenements
taken by the creditor at two thirds of their appraised
value, agreeable to the provisions of this act.
SEC. 8. Be it further enacted, That the appraisers ap-
pointed by virtue of this act, to appraise any property
under execution, shall receive each two dollars per day,
in full compensation for their services, to be taxed in
the bill of costs against the party defendant.
SEC. 9. Be it further enacted, That when an execu-
tion has been levied in less than ten days before the re-
turn day, the Marshal, sheriff or other officer charged,
shall return the same and take out a venditioni exfionas,
and proceed to sell at public auction the goods and
chattels, lands and tenements so taken according to the
provisions of this act.
SEu. 10. Be it further enacted, That no execution
shall issue from theclerks office,until ten days aftei the
adjournment of the court from whence it emanates, un
less the party or his agent or attorney make oath that
he she or they believe the defendant will depart from
the Territory; and it shall be lawful for the defendant
to execute a recognizance orreplevin bond, with appro-
ved security before the clerk ofthe court in which judg-









ment has beep rendered, previous to the issuing of the
execution anid before the sheriff or other officer, after
execution issued, for the faithful performance of their
obligation, and true payment of the sum for which
judgment has been rendered with costs and interest
sixty days thereafter, which said bond shall be filed by
the clerk, and have the force and effect of a judgment,
and should the said party and his security fail to pay
the money, at the end of sixty days, it shall be the duty
ofttne clerk, to issue an execution against the defendant
and his security ;r securities, and deliver the same to
the sheriff of his county or other officer, and it shall be
the duty uF the sheriff or other officer to whom the said
execution shall be directed, to levy on the property of
the pa ty and his security or securities, and proceed to
sell the same according to the provisions of this act.
SEC. I1. Be t further enacted, That if the Marshal,
sheriff or other officer shall fail or refuse to pay over a-
ny money collected by him to the plaintiff or plaintiffs,
his., heror intir agent or attorney, within twenty days
after the same snail have been collected, he shall be li-
able to pay the sa ie, and a penalty of twenty per cent.
damages, to be recovered by motion, on giving ten days
notice to said sheriff or other officer, before the next
court, after the said neglect or refusal of said sheriff or
other officer.
SEC. 12. Be itfurther enacted, That when any ca. sa.
has been levied on the person of a debtor, he may re-
lease his body by surrendering property sufficient to sa-
tisfy the execution aforesaid with costs.
SEc. 13. Be it further enacted, That if any person or
persons taken or charged in execution, shall enter into
bond with good and sufficient security, under reasona-
ble penalty, to be determined by the marshal, sheriff or
other officer, in whose custody he or they may be, upon
condition that he or they shall not depart or go out of
the bounds of the prison, to which he or they shall be
committed, it shall be lawful for the marshal, sheriff or
other officer, to permit him or them to go out of the
prison prescribed by law.
SEc. 14. Be itfurther enacted, That no female shall
be imprisoned for debt in this Territory.
Szo. 15. Be itfurther enacted, That no sale shall be
made by sheriffs or marshals, of property taken under
execution, but on the first Tuesday in each month, be-
tween the hours often and two in the day, and in the
front of the court house, and the advertisement of any
sale sh-all comprehend a full and complete description


Or to the Sheriff










Officer failing to
pay over money






Deft may release
his body by de-
livering proper-
ty

Def't may have
the liberties of
the prison by
giving bond






No female to be
imprisoned


Sh'ffs sale to be
made on the first
Tuesday of
month





































Lodge incorpo-
rated












Limitation of ca-
pital


of the property, and the name of the defendant, and the
name of the person in whose possession the property
may be. Provided nevertheless, that a sale may be
made on any other day or place, by consent of the de-
fendant, and Provided the sheriff or marshal give the
plaintiff ten days notice of such sale; and any sale may
be postponed from day to day.
GEO. MURRAY,
President of the Legislative Council.
Attested,
F. J. FAf'lO, Clerk.
(Approved June 28th, 1823.)

WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT,

To incorporate Floridian Virtues Lodge, No. 28, in the city of St.
Augustine.

Be it enacted by the Gjvernor and Legislative Coun-
cil of the Territory of Florida, That Squire Streeter,
Antonio Alvarez, and John Whalton, the present offi-
cers and their successors and others who are or n'ay
hereafter become members of Floridian Virtues Lodge,
in the City of St. Augustine, shall be and are heieby
declared to be a body corporate and politic, in name and
in deed, by the style of" Floridian Virtues Lodge" and
by the said name and style shall have perpetual succes-
sion oi officers and members, and a common seal to
use; and shall have full power to make, alttr, amend
and change such bye laws as may be agreed upon by
the members of the same ; Provided always, that sucai
bye laws be not repugnant to the constitution of the
United States or :he laws of this Territory.
SEC. 2. Be it further enacted, That they shall have
full power and authority, under the style and name uf
" Floridian Virtues Lodge," to take, hold and enjoy
real and personal property to sue for and recover all
such sum or sums of money) as now are or hereafter may
become due to the said Lodge, by any name or style
whatever, in any court of law, or at any tribunal having
jurisdiction thereof, and the rights and privileges of
the said Lodge, in any court, or at any tribunal whate-









Ver to defend : and also to receive, take and apply lbe-
quests or donations, as may be made to and foi tie uses
and purposes intended by the said institution, and shall
be and are hereby declared to be vested with the pow-
ers and advantages, privileges and emoluments [immu-
nities]f a society of people incorpoiated to the purpose
and intentions of their laudable institution.
GEO. MURRAY,
President oJ the Legislative Council.

Attested,
P. J. FATIO, Clerk.

(Approved July 2d, 1923.)

WM. P. DUVAL,
Governor of the Territory of Florida



AN ACT,

Por preventing and avoiding fraudulent Conveyances,

iBe it enacted by the Governor and Legislative Coun-
til qf the Territory of Florida, That every feoffment,
gift, grant, alienation, bargain, sale, conveyance, trans- Conveyances
fer and assignment of lands, tenements, hereditaments, w;th intent to
slaves and other goods and chattels, or any of them, or defraudcreditorg
any lease, rent, use, common or other profit, benefit or
charge whatever, out of lands, tenements, heredita-
ments, slaves or other goods and chattels, or any of
them, by writing or otherwise, and every bond, note,
contract, suit, judgment and execution, which shall at
any time hereafter be had, made, or executed, contriv-
ed, or devised, of fraud, covin, collusion or guile, to the
end, purpose or intent, to delay, hinder or defraud cre-
ditors or others, of their just and lawful actions, suits,
debts, accounts, damages, demands, penalties or forfei-
tures, shall be from henceforth, as against the persort
or persons or body politic or corporate, his, her or their
heirs, successors, executors, administrators and as-
signs, apd every of them, so intended to be delayed, hin-
dered or defrauded, deemed, held, adjudged & taken, to Void
be utterly void, frustrate and of none effect ; any pre-
tence, colour, feigned consideration, expressing of use,
gr any other matter or thing to the contrary, notwith-
'I










Proviso


Conveyance with
intent to defraud
purchasers








Void







Proviso


standing; Provided that the aforegoing section of this
act, or any thing.therein contained, shall not extend to
any estate or interest in lands, tenements, heredita-
ments, leases, rents, uses, commons, profits, goods or
chattels, which shall be had, made, conveyed or assur-
ed, if such estate or interest shall be upon good consi-
deration, and bona fide lawfully conveyed or assured to
any person or persons, or body politic or corporate, not
having at the time of such conveyance or assurance to
them made, any manner of notice or knowledge of such
covin, fraud or collusion, as aforesaid, any thing in the
said section to the contrary thereof notwithstanding.
SEc. 2. Be it further enacted, That every feoffment,
deed, conveyance, mortgage, grant, charge, lease,
transfer, assignment, estate, incumbrance, interest and
limitation of use or uses, of, in or out of any lands, te-
nements, or other hereditaments whatsoever, which
shall at any time hereafter be had, made, executed or
contrived, for the intent and purpose of defrauding and
deceiving such person or persons,bodies politic or cor-
porate, as shall afterwards purchase the same lands,
tenements and hereditaments, or any part thereof, or
any estate, interest, rent, profit, right or commodity,
in, to, or out of the same, or any part thereof, so for-
merly conveyed, granted, leased, charged, transferred,
assigned, incumbered or limited in use, shall be deem-
ed adjudged, taken and held, as against the person and
persons, bodies politic and corporate, their heirs, suc-
cessors, executors, administrators and assigns and A-
gainst all and every person and persons, lawfully having
or claiming by, from, through or under them, or any of
them, who shall have so purchased for money or other
good consideration, the same lands, tenements, heredi-
taments or any part thereof, or any estate, right, inter-
est, profit, benefit or commodity, in, to or out of the
same, to be utterly void, frustrate and of none effect;
any pretence, feigned consideration, or expressing of
use or uses, to the contrary notwithstanding; Provi-
ded, that nothing in this section of this act contained
shall extend or be construed to impeach, defeat, make
void or frustrate, any conveyance, assignment of lease,
assurance, grant, charge, lease, estate, interest or limi-
tation of use or uses, of, in, to or out of any lands, tene-
ments or hereditaments, which shall be made upon and
for good consideration, and bona fide, to any person or
persons, bodies politic or corporate ; any thing in this
section of this act to the contrary notwithstanding.









SE.. 3. Be it further enacted, That if aby person or
persons shall make any conveyance, gift, grant, demise,
charge, limitation of use or uses, or assurance, of, in or
out of, any lands, tenements or hereditaments, with any
clause, provision, article or condition of revocation, de-
termination or alteration, at his, her or their will or
pleasure,, of such conveyance, gift, assurance, grant, de-
mise, charge, limitation of use or uses, contained in the
same, or in any other writing whatever, of, inor out of
the said lands, tenements, or hereditaments, or any part
or parcel of them; and after such conveyance, grant,
gift, demise, charge,limitation of uses or assurance so
made or had, shall or do bargain, sell, demise, grant,
convey, transfer, orcharge the same lands, tenements,
or hereditaments, or any part or parcel thereof, or any
estate, right or interest in the same, to any other per-
son or persons, bodies politic or corporate, for money
or other good consideration, (the said first conveyance,
assurance, gift, grant, demise, charge or limitation, not
being revoked, made void or altered according to the
power and authority reserved or expressed, in and by
the said first conveyance, or other writing) that then the
said.former conveyance, assurance, gift, grant, demise,
charge or limitation, as touching the said lands tene-
ments and hereditaments, any estate, right or interest
in the same, so afterwards bargained, sold, granted, con-
veyed, demised, transferred or charged, as against the
said bargainees, vendees, grantees,leesees and every of
them, their heirs, successors, executors, administrators
and assigns, and as against all and every person and
persons who shall or may lawfully claim, by, through,
from or under them, or any of them, shall bedeemed ta-
ken and adjudged to be void and of none effect.
SEc. 4. dnd be it further enacted, That where any
loan of goodsand chattels shall be pretended to have
been made to any person with whom, or those claiming
under him, possession, shall have remained for the
space of five years, without demand made and pursued
by due process of law, on the part of the pretended len-
der, or where any reservation or limitation shall be pre-
tended to have been made, of a use or property, by way
of condition, reversion, remainder or otherwise, in
goods and chattels, the possession whereof shall have
remained in another, as aforesaid, the same shall be ta-
ken as to the creditor and purchasers, of the persons
aforesaid, so remaining in possession, to be fraudulent
within this act, and that the absolute property is with
the possessor, unless such loan, reservation or limitati-


Conveyance with
clause of revoca-
tion






Void upon subse.
quent sale






















Goods lent
with intent to
defraud





Property to be
deemed with the
possessor









on, of use or property, were declared 'y will or deed in
writing, proved and recorded as aforesaid.
GEO. MURRAY,
President of-the Legislative Council.


Attested,
F. J. FATIO, Clerk.


(Approved June the 28th, 1823.)


Collectors oftax-
es to make return






:r tor'al offi-
.; t'an -it
," t to ttne
ovrnlor






f'llectors to re-
fund


WM. P. DUVAL,
Governor of the Territory of Florida.,



AN ACT,

To provide for the renumeration [remuneration] of suct. persons as
have paid taxes under the late revenue laws of this Territory.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the officers of the
Territory aforesaid, charged with the collection and
receipt of public money, by the late revenue laws of
this Territory, shall on or before the twentieth day of
August next, make out and transmit to the Governor of
this Territory, a report in writing, of all public monies
by them received and disbursed, accompanied with the
vouchers on which such receipts and disbursements
have been made.
SEC. 2. Be it further enacted, That all the officers
of the Territory who have performed the services re-
quired of them by the late revenue laws of the Territo-
ry aforesaid, and who have not received the compensa-
tion allowed them by law, for such services, shall make
out their accounts for the services by them performed,
du!v certified, and transmit them to the Governor on or
before the twentieth day of August next.
SEc. 3. Be it further enacted, That all the officers of
the Territory, having in their possession any sum or
sums of money, collected by virtue of the late revenue
laws of this Territory, after deducting all fees allowed
them by law, shall on the application of the persons
from whom the same shall have been collected, or on
the application of the agent, attorney or legal represen-
tative of such persons, repay the said sums of money
respectively, to the person or persons from whom the
same shall have been received.
SEc. 4. Be itfurther enacted, That if the money re-
maining in the possession of the revenue officers of the









Territory, shall be insufficient for the purposes afore- If not sufficient
said, then and in that case, the Governor shall be and tobe paid from
he is hereby authorised out of any public money which the reasury
may hereafter be received in the Territorial Treasury,
and not otherwise appropriated, to reimburse all per
sons who have paid taxes under the late revenue laws of
tlis Territory.
GEO. MURRAY,
President of the Legislative Council.
Attested,
F. J. FATIO, Clerk,
(Approved 28th June 1823)

WM. P. DUVAL,
Governor of the Territory ofFlorida.



AN ACT,

For the benefit of honest insolvent debtors. and to protect credi-
tors against the frauds of dishonest insolvents.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That if any person shall Imprisoned debt-
be arrested and imprisoned for debt or damages, on any ors may petition
process, whether original, mesne or final, issued from the judge
any court of record in this Territory, and such person
shall not have the means at command to pay such debt
or damages, it shall and may be lawful for such person
or his attorney, to present a petition to the judge of the
Superior or County Court of the County or District
where the debtor may be imprisoned, stating in said
petition the arrest and imprisonment of the debtor, and And upon filing
at whose suitor suits, and for what sum or sums, accom- a schedule of his
paying said petition with an affidavit of the debtor, effects npon oath
that he has not the means at command to discharge the
said suits against him, and also with a schedule of all
his property, real and personal, and all his rights and
credits, in law or equity, and of the debts due by him,
and the amount of each, setting forth also the amount
of any money in his possession, power or control, and
the names of the persons and their place of residence to
whom he is indebted, as far as he can ascertain said
debts, and the persons to whom he is indebted, and take
and subscribe the following oath-I, A. B. do in the pre- Form of oath
sence of Almighty God, swear or affirm (as the case









may be),protest and declare, the schedule'now delivered
to, and by me subscribed, doth contain to the best of
my knowledge, a full, just, true and perfect account and
discovery of all the estates, goods and chattels unto me,
in any wise belonging, and such debts as are to me ow-
ing, or to any person in trust for me, and of all securi-
ties and contracts whereby any money may hereafter
become payable, or any benefit or advantage may here-
after accrue to me, or-to my use, or any person or per-
sons in trust for me, and that I nor any person in trust
for me, have no lands, money, stock, or other estate,
real or personal, in possession, reversion or remainder,
of the value of the debt or debts, with which I am char-
ged in execution, and that I have not, directly or indi-
rectly sold, lessened or disposed of, in trust, or conceal-
ed, all or any part of my lands, goods, stock, debt, mo-
ney or estate, whereby to secure the same, or receive or
expect any profit, or to deceive or defraud any creditor
or creditors, or since my arrest and imprisonment to
give a preference to any of my creditors. And in the
aforesaid schedule of the property of the said debtor,
he shall make a separate and distinct list of the tools
and implements of his trade or profession, if he have a-
ny, and his military accoutrements in the militia, and
of his necessary beds and bedding, and the necessary
wearingapparel of himself and his family, stating the
number of persons composing his family, and if he be a
house keeper his necessary cooking utensils, and two
tables, six chaii b, six plates, six cups and sancers, and
half a dozen knives and forks, if he have those articles,
may be included in said list, and all the eforesaid arti-
cles which may be contained in said list, shall be ex-
empt from the assignment, hereinafter mentioned to be
made.
SEC. 2. Be it further enacted, That on the presen-
ting of said petition, with the schedule as aforesaid to
the judge; he shall make an order for the appearance
of the debtorbefore him, on some future day, not less
than six days from the day of granting said order, a co-
py of which order, together with a copy of the petition,
and schedule as aforesaid, the said debtor shall cause to
be served on each of his creditors, his, her or their a-
gents or attorneys, at whose suit he may be imprison.
ed; and the said creditors, in person or by attorney, may
attend before the judge on the day appointed for the
appearance of the debtor, and on his appearance the
judge shall administer an oath ,or affirmation to him,
that he will true answers make to all questions which


Jilge may ap-
point a day for
the hearing









hall be put to him in relation to his propert-, credits,
debts nad money, whereupon any of thecreditcrs of the
said debtor, or their attorneys may examine the said
debtor concerning those matters, and produce testimo-
ny before the judge, to disprove the correctness of the
schedule of the said debtor, or his declarations, in re-
gard to his property, credits, debts and money-if af-
ter the examination ofthe debtor as aforesaid, or if no Ifn fraud ap.
opposition be made to his discharge, the judge shall be pear prisoner
satisfied that there has been no fraudulent concealment may assign hi.
or wvilful misrepresentation of the property, credits, effects
debts or money of the debtor in the said schedule, the
judge shall direct an assignment to be made by the
debtor, of all his property, real and personal, and of his
credits as aforesaid, w.iiLh the exception of the list of
necessary articles for the use of his family, and his tools
and implements, and military accoutrements aforesaid,
to one or more fit and discreet persons as assignees, in
trust, for the benefit of all the creditors of the said debt-
or, whether they shall havz commenced suits against
him or not, and upon the execution of the said assign-
ment, the said judge shall grant a discharge cf the debt- And be dl-cha:.
or from his arrest and imprisonment in the suits on ged
which he is detained, and which discharge shall ope-
rate, and be an effectual bar forever afterwards, against
any personal arrest or detention of the debtor, for, or on
account of the demands on which said suits were
brought : Provided nevert/les s, that if any of the cre-
ditors of the said debtor, previously to the assignment
being made, as aforesaid, shall allege fraud in the sche- If fraud be al.
dale of the said debtor, and shall demand a jury to try leged a jury
the question of fraud, and whether the said debtor i en- maybe cal!'-
tl':ed to his discharge, the judge shall not make the or-
der for the assignment or grant the discharge of the
debtor, until a jury shall have allowed the same; upon
the demand of jury as aforesaid, the judge shall is-
sue a ,etire facias to he sheriff, to summon eighteen
lawful jurors, returnable on some certain day, not less
than three days from the issuing of the sa:ne, and when
the panel of the said jurors shall hb rcturnedi their
names shall be written on ballots and folded up, and
put in a small box or some other co~ venient thing, from
whence twelve ballots shall be drawn to form the jury,
but if there be not a sufficient number i; the whole, to
complete the jury, ao salesman shall be called, but a
new venirefacras sihaH be issued, returnable on, some
subieqtuect day, not nore than si:: days, next ensuing,
aud it shall and mav be laf il for the iudge, in svich






















t the cost ofthe
l'tff in executi-
on












Imprisoned debt-
ors who neglect
to apply








May be required
to make an as-
ignment


rase, to impose a fine, not exceeding three dollars, on
any juror duly summoned as aforesaid, and falling to
attend; whet. a jury shall have been formed, they shall
be sworn or affirmed, well and truly to try the question
of fraud on the part of the debtor, and a true verdict
give, whether the said debtor be entitled to nis dis-
charge or not, and it the verdict be for the discharge of
the debtor, upon his executing an assignment of his
property as aforesaid, the judge shall grant his dis-
charge, which shall have the like operation and effect
as provided in the preceding section of this act, but if
the verdict shall be against the discharge of the debitr,
he shall not be discharged by the judge; and in all ca-
ses the plaintiff who shall have requested a jury, snail
pay the costs arising in consequence of their being
summoned, but if the verdict shali be against the us-
charge of the debtor, the plaintiff shall have judgment
and execution, for the amount of said costs.
SEC. S. Be itfurther enacted, That if any debtor a-
gainst whom execution shall have been taken out, shall
have remained in prison, or within the rules, bounds or
limits of the debtors jail, on such execution, for the
space of sixty days, without petitioning for his dis-
charge as aforesaid, it shall and may be lawful for any
creditor, at whose suit the said debtor shall be charged
in execution, to apply to the judge of the Superior or
County Court aforesaid, on giving five days previous
notice, to the debtor, of such intended application, for
an order directing the debtor to appear before the said
judge, on some subsequent day, at least ten days from
the date of said order, and to produce a schedule of his
property, money, credits and debts, as hereinbefore di-
rected, and the said judge is hereby required to grant
such order; and if such debtor on due service of a co-
py of the said order, shall fail to appear, he shall be
deprived of the benefit of the limits, bounds or rules of
the debtor's jail, and upon the order of the judge, di-
rected to the sheriff or other officer of the court, whence
the execution issued, on which the debtor is detained,
the said debtor shall be committed to close confinement
until he shall comply with the order for appearance as
aforesaid; but if the said debtor shall appear in pursu-
ance of said order, and produce a schedule as hereinbe-
fore required; before his examination takes place, he
shall make an assignment of his property and credits,
excepting the articles before mentioned, as exempt
from assignment, to one or more assignees, to be ap-
pointed by the judge, and the like rules and regulations









shall be observed in regard to his discharge, and the
decision of a jury if required by the creditor, as ht:rcin-
before mentioned. And if the judge or 'he jury, if the
question be submitted to them, decide against the dis-
charge of the debtor, his assignment shall nevertl e'ess
remain in full force and virtue, but he shall not there-
after be deprived of the benefit of the limits, bounds,
or rules of the prison.
SEC. 4. Be it further enacted, That it shall be the
duty of the assignees, appointed in virtue of this act,
forthwith to collect the debts due to the insolvent, and
dispose of his property, real and personal at public au-- Assignee to sell
tion, advertising the same, at least three weeks bore effects and col-
the sale, unless any of the property shall be of aperish- lect debts
able nature, in which case it may be sold inmiediately
on giving three days notice, by advertisement at the court
house, or the most public place in the neighborhood.
SEC. 5. Be it further enacted, That immediately on
their appointment, the assignees shall give public n.-
tice, in some newspaper, printed within the district Notice to begiv.
where the insolvent shall have been imprisoned once a en to creditors.
week for the space of four weeks, to the creditors, to
present and verify their demands against the insolvent;
and within six months from the time of their appoint-
ment, the said assignees shall make an equal dividend
of the proceeds of the property of the insolvent and his
credits, which slall come to their hands, among the
creditors, who shall have proved their debts, In propor-
tion to the amount of the same respectivelr-and at the
end of twelve months, the said assignee, shall make a
final settlement of the estate, by selling publicly, the re-
maining property and credits of the insolvent, and pay-
ing the dividends as aforesaid,-and the said assignees
in their accounts, shall be avowed all reasonable ex-
pences in and bout the administration of the estate of
the insolvent, and a commission of five per cent. for
their trouble.
SEC. 6. Be it further enacted, That whenever any
sole assignee appointed in virtue of this act, shall die, Assignee may
or be unable from sickness, absence or other cause to not resign
perform the duties herein enjoined, on application to
the judge ofthe Superior or County Court, he shall ap-
point some other fit and discreet person to supply the
place of such assignee-and no assignee appointed in
virtue of this act, shall be permitted to resign his trust
without making a settlement of his accounts, with the
estate of the insolvent, and obtaining the consent of the
judge.









SEC. 7. Be it further enacted, That if any debtort
shall be imprisoned on any execution, issued by any jus-
tice of the peace, in this Territory, it shall ana may be
lawful for such debtor to present a petition to the same
Juitce&' of the justice of the peace, or in his absence to some other
pe:m tu ,. ave the justice of the peace, with a schedule of the property of
saint a tiarit. tine said debtor, conformably to the provisions of tilis
w..hin their ju- act, giving due notice of the presenting of said petili< n
risd.ctlio to the credit or creditors, at whose suit or suits the
said debtor is impri-soned, and subi.itting to an exami-
na:ion upon oath, as herein oblure directed; the said
justice if satisfied that there is no fraud in the said
schedu'.a, or the statements of the said debtor,, shall
direct an assignm'-nt of his property, with the excep-
tions hereinbefulor mentioned to the creditor or credi-
tors, at whose suit or suits the said debtor shall he cfar-
ged in execution, for the e-.clusite benefit ofsuch credi-
tor or creditors, to the extent of their executions, on
making s,id assignment the said debtor shall be forth-
with discharged from said execution or executions; but
the creditor or creditors at whose suit the debtor shall
have been arrested, may require jury to be summoned,
,whose duty it sha I be to try and determine the case sub-
nitted to them in the same manner as hereinbefore pro-
vided.
SEC. 8. Be it further enacted, That nothing in. this
act contain'-d s ,all be so construed as to exempt the
property acq lired by any debtor, subsequently to his
discharge, or which h may have been concealed from his
creditors, or omii*ted in the schedule at the time of his
perds acftered surrender, except sio 'h articles as may be exempt in vir-
not exempted tue of any of the provi. itns of this act, from liability
to any creditor for any de'b, damages or balance due
therein, although said debt i.'y have been contracted,
or said damages incurred, pr cv~ sly to the discharge
of said debtor.
SE,. 9. Be it further enacted, Th at wnhienever any
plaintiff in execution, has reason to belie%"e that any de-
fendant against whom he has obtained an exrcv-utiol'n who
prisoner who has has been arrested thereby, and who has the bei of
the berties hay- the prison bounds or limits, has received or has been i
ing money &c. the enjoyment or use of any money or property, of any
kind whatever, subsequently to his arrest under said
execution, which might and ought to have been appli-
ed to the payment of the judgment, under which the
said defendant is in execution, it shall be lawful for such
plaintiffto apply to the judge of the court from which
the said execution issued, in term time, or in vacation,









by a petition setting forth, that he has reason to believe
that the said deteniiant has since his arrest, under ti.e
said execution, received or been in the enjoyment or use
of money or property, which might or ought to have
been applied to the payment of the judgment under
wnich the said defendant is in execution, which petiti-
on may also contain interrogatories to the defendant,
and upon such petition being presented, the said judge
shall order the defcidnt to appear before him, on a
certain day, and at certain place to be named th-rein,
not more than ten days from the granting said order,
then and there to file his answer on oath to the petition
and. interrogatories, if any, of the plaintiff in execution,
and it shall be lawful for the said plaintiff and defend-
ant to support their petition ard answer respectively,
by competent evidence, and upon the grant of any such
order, the judge shall award a venire facas, for ajury
conformably to the provisions of this act, and the sacd
jury under the direction of the court, as to matters of
law, shall either find that the defendant has received or
been in the enjoyment or use ofproperty (specifying the
amount of money or the property) since his arrest,
which might and ought to have heen applied to the dis-
charge of the plaintiffs judgment, or they shall find that
he has not done so-if the said jury shall find that
the said defendant has received, or been in the enjoy-
ment or use of any money or property which might and
ought to have been applied as aforesaid, or if the de-
fendant in cxecutioi shall fail to file his answer as a-
foresaid, the judge shall forthwith cause the said de-
fendant to be committed to close confinement, and the
said defendant shall not be r leased from said confine-
ment, or be entitled to the benefit of the prison bounds,
until the said money or property so found to have been
received, ei.joyed or used by him, be applied to the pay-
ment of the execution, under which he is in custody
Provided always, that the jury in making up their ver-
dict, on cases provided for by this section of this act,
shall make a reasonable allowance for the support of the
defendant in execution, and of his wife and children if
he has any. And it is hereby declared that the provisi-
ons of this section and of this act, shall apply to all de-
fendants who are now in execution, upon any judgment
or decree of any of the former courts of this Territory,
or of the Superior Courts thereof, or of any of the fotr-
mer juIstices of the peace of this Territory, in the same
manner as they are intended to apply to cases which
may hereafter occur-and whenever any person shall be


May be compell-
ed to pay it













Pe.asonable al-
iowallnce to Ibe
aiiale for farmi!V
expenses











































County Courts to
ha e charge of
o. ,nans & their
estates


in arrest, under an execution issued from the former
county or circuit courts of this Territory, application
may be made to the judge of the County or Superior
Court of the District in which the defendant is in cus-
to.y, and whenever any person shall be under arrest
under an execution issued from a justice of the peace,
who is no longer in office, application may be made to
any other justice of the peace of the county, or to ei-
ther the judge of the County or Superior Court of the
District in which the defendant may be under arrest,
and the proceedings authorised by this section may be
had and taken in the same manner as if execution had
originally issued from said justices, County or Superior
Court.
GEO. MURRAY,
President of the Legislative Council.
Attested,
F. J. FATIO, Clerk.
(Approved 5th July 1823.)
WM. P. DUVAL.
Governor of the Territory of Florida.



AN ACT,

T oamend an act entitled "an act, concerning guardians and wards,
masters and apprentices."

Be it enacted, by the Governorand Legislative Council
of the Territory of Florida, That the judges of the
several county courts of this Territory, any three of the
justices of the peace of their respective counties being
present, and concurring therein, shall have power to
take cognizance of all matters concerning orphans and
their estates, and to appoint guardians in cases where
it appears necessary and proper, and shall take good
security of all guardians, appointed by them, for the es-
tates of orphans committed to them, and if any of the
said judges and justices shall fail to take good security
from such guardian, they shall be individually liable
fur any loss from insufficient security, to be recovered
by action of debt, in any court of record in this Territo-
ry, Provided it shall appear that at the time such se-
curity was taken, it was insufficient; Provided however,
That fathers may appoint guardians for their children,









by deed in writing, or last will and testament, du-
ring any part of the infancy of the child, and such ap-
pointment shall give the guardian the same power over
tie child, and shall subject him to the same liability as
is and shall )e directed by law.
SEC. 2. Be it further enacted, That so much of the
act to which this is an amendment, as may be inconsis-
tr-t with the provisions of this act, shall be, and the
same is hereby repealed.
SEo 3. Be it further enacted, That the second, third
and fourth sections of the act, to which this is an a-
mendment, shall be and the same are hereby continued
in force.
GEO. MURRAY,
President of the Legislative Council.
Attested,
F. J. FATIO, Clerk.


Former provisi-
ons repealed


Others continu-
ed in force


Approved June 29th 1823.

WM. P. DUVAL,
Governor of the Territory o: rlorida.



AN ACT,

To regulate the driving or bringing into the Territory of Florida,
neat cattle, belonging to persons, citizens of the several states.

WHEREAS, a practice hath hitherto prevailed of
driving large quantities or stocks of neat cattle into this
Territory, from the several adjoining states, by the ci-
tizens thereof-and whereas, it is consistent with jus-
tice and good policy, that all persons who enjoy the be- Preamble
nefits and advantages of a state or territory, should con-
tribute and share with the good people thereof the ex-
pense and labour in supporting and defending the same;
Be it therefore enacted by the Governor and Legisla-
tive Council of the Territory of Florida, That from and
after the passing of this act, it shall be the duty of any Citizens of other
person or persons, driving or bringing into this Terri- states to pay a
tory any stock or quantity of neat cattle, to go before a tax on cattle
justice of the peace in the county in which such neat
cattle may be introduced, and make a return on oath to
the said justice of the peace, stating the actual number
of neatcattle, so by him or them brought in, and also
whether the said neat cattle are the bona fide property
of him or them; and in case they should be found to be










the property of any person, not an inhabitant of this
territory, shall pay to the said justice of the peace the
sum of twenty five cents for each and every head of neat
cattle so brought in; a certificate of which from the
said justice, shall authorise them to remain in the ter-
ritory aforesaid, until the first day of Januarynext there-
after,
SEC. 2. And be it further enacted, That if any person
introducing neat Cattle the property of non residents
Tomakea re- as aforesaid should refus_ to make return thereof or to
turn of the;r pay the aforesaid sum of twenty five cents for each and
numberr every head so by him or them brought in, it shall be the
duty of any justice of the peace, it within his jurisdic'
tion, on proof thereof, to award judgment, and issue
execution for the same, and if not within the jurisdic-
tion of a justice of the peace, any other court having
.ompetent jurisdiction thereof.


-Tax to be assess-
ed annually






Penalty for ne-
glect to make re-
turn


SEc. 3. And be itfurther enacted, That not exceed-
ing twenty five cents for each and every head of neat
,attle, which now are, or hereafter may come into this
Territory, the proprietors of which are non residents,
shall be assessed annually, at the discretion of the coun-
ty court,

SEC. 4. And be it further enacted, That, should a-
ny person who may be the agent or manager of any per-
son or persons, not inhabitants of this Territory, ne-
glect or refuse to make a just and true return of all neat
cattle which may be in his possession or care, as agent
or manager as aforesaid, shall upon due proof thereof,
before any court having competent jurisdiction, be fin-
ed not exceeding one hundred dollars, at the discretion
of the court. And the cattle belonging to non residents
which may be found in this Territory, shall always be
subject to be levied on and sold, to pay the fines and
penalties which may be assessed on them, or on per-
sons for neglect orrefusal to make returns as aforesaid.
SEC. 5. And be itfurther enacted, That nothing here-
in contained shall prevent the inhabitants or persons
actually removing into this Territrry, from bringing in
as many cattle as they may think proper, their own
bonafide property, without any charge or expense, any
thing herein contained to the contrary notwithstanding.
SEC. 6. And be it further enacted, That all monies
assessed under, and by virtue of this act, shall be col-
lected under the direction of the county court, be con-










sidered as part of the county funds, and applied to couhli
ty purposes.
GEO. MURRAY,
President of the Legislative Council.
Attested,
F. J. FATIO, Clerk.
Approved June 29th, 1823;
WM. P. DUVAL.
Governor of the Territory of Florida.



AN ACT

To regulate proceedings in Chancery hi the severalCourts in Plo-
rida.

Be it enacted by the Governor and Legislative Coun-
til of the Territory of Florida, That the Superior and
County Courts of l lorida shall always he open for the
issuing and return ,f process, making, hearing and de-
ciding motions, presenting, arguing and deciding upon
petitions, granting injunctions and passing interlocuto-
ry orders and decrees.
SEc. 2. Be it further enacted, That the form of a sub-
paena and [to] answer, shall be as follows :
Territory of Florida to greeting,
You are hereby commanded and strictly enjoined that,
laying all other business aside, and notwithstanding a-
ny excuse, you personally be and appear before the
judge of our-- Court, for the District or
County of- (as the case may be) on the
S-- day of---- wherever the
Courts may then be, to answer to a bill of complaint ex-
hibited against you in our said courts by- --
and to do further, and receive what our said courts shall
have considered in that behalf, and this you are not to
omit, under a penalty of five hundred dolIars. Witness,
the honourable -Judge of said Court,
the --day of in the year
of-
A. B.
SEc. 3. Be itfurther enacted, That the names of the
defendant or defendants, however numerous they may
be. may be inserted in one subpoena, and that the ser-
vice thereof, may either be by a delivery of a copy
thereof to such defendant, shewing- the original at the


Sup'r & County
C, urts




Form of Subpcea
na










Form of service






























Return days of
process











Alias may issue.


time of such delivery, or to the wife of such defendant,
or any white person above the age ol fitteenoyears, resi-
ding in his or her family, at the time of such deliver) at
the dwelling house or usual place of abode of such de-
fendant; and such service shall be made before, or on
the day to which the process is made returnable; that tie
court from which the subpoena has issued, the title of
the cause and the words" copy of subpoena" together
with the name of the plaintiffs solicitor, shall be inscri-
bed on the back of the copy of the subpoena, which
may be so served, and when such service snall he made
by the ministerial officer of the court from which the
subpoena issued, it shall be his duly to note in writii g
in the original subpoena, the time at which it came to
his hands, and when served, the time and mannerr of the
service thereof, which note shall be subscribed with his
name and office. When service of process is made by
any other person, other than the sworn officer of the
court whence it issued, affidavit of the time and manner
of the service must be made and returned in the origi-
nal subpoena, and it shall he the duty of the ministeri-
al or executive officers of the several courts of this ter-
ritory, to make return of all process placed in their
hands, and of their proceedings thereon, immediately
after the service or execution thereof.
SEc. 4. Be it further enacted, That the first day of
every term, and the first Monday in every month shall
be the days to which process shall be made returnable ;
and when the process is returnable out of term, and
shall have been served, the defendant or defendants
shall cause his, her or their appearance to the subpoena
to be entered in the office of the clerk of the court from
which it issued, on or before the first Monday in the
month next succeeding the month in which the process
was returnable, to a term, and when the process is re-
turnable to a term of the court, and shall have been re-
turned served, the defendant or defendants shall cause
his, her or their appearance to be entered on or before
the first Monday of the month, next after that in which
the process was returnable, Provided, three weeks shall
have elapsed from the return day thereof, and if not,
then on the first Monday of the following month.
SEc." 5. Be itfurther enacted, That if process shall
not be returned, it shall be the duty of the clerk of the
court from which such process issued, to issue other si-
milar process, if the same shall be required by the party
at whose instance the process originally issued.









St. e, Be it fa rther enacted, That whenever it shall
be made to appear by affidavit to any of the judges of
the aforesaid courts, that process has been issued a-
gainst any defendant, and has been returned not execu-
ted, and that the said defendant is within the district of
the Territory in which the court issuing the process is
held, but that the said defendant cannot be found, or will
not suffer service of process-to be made on him or her, it
shall and may be lawful for the said judge, from whose
court the process issued, to grant an order requiring
the said defendant to appear and answer the complain-
ants bill, within four weeks, which order shall be pub-
lished once a week during the said four weeks in some
newspaper printed in the district in which the court
which grants the order is held, or if there be no news-
paperpublished, then a copy of the said order shall be
posted up at the court house of the district or county in
which it was granted, for the above space of four weeks ;
upon the publication or posting up, in manner aforesaid,
the said order, and at the expiration of two months fi om
the termination of the above four weeks, if the defend-
antshall not have appeared and answered the complain-
nants bill, the said complainant may enter in the com-
mon rule book, at the clerks office, an order that the
complainants bill be taken pro confess, having first ob-
tained the said order from the judge, upon proof of the
publication or posting up as aforesaid, of the order for
appearance and answer.
SEc. 7. Be itfurther enacted, That whenever it shall
be made to appear by affidavit to the judge of the court,
in which a bill shall have been filed, that any defendant
therein, resides out of the district of the territory in
which the bill is filed, an order requiring such defend-
ant to appear and answer, otherwise the complainants
bill shall be taken pro confesso, shall be published in a-
ny newspaper printed in the District of this Territory,
in which the bill is filed, for the time herein prescribed,
that is to say, if the said defendant resides in this Ter-
ritory, but not in the district in which the bill is filed,
for two months, if in any other part of the United States
for four months; if in any of the West India islands, for
six months; and if in Europe for nine months; which
publication shll be made when the defendant resides
in the United States, once a week ; and 'when he or
she resides out of the United States once a month dur-
ing the periods above prescribed; if no paper be pub-
lished in the district in which the bill is filed, publica-
l icw- -F + aforesaid order shall be made in any other
L


Process retlr-,d
" not oi ."u









orderr to
billpro c-,n -o












Deft residing
out of the dis-
trict




Advertisement
to be published



















DePt not appear-
ing, bill taken
"pro confesso"









PItfI may exa-
mine witnesses
















Def,t may plead,
answer or demur


newspaper published in the state adjoining the district
in which the bill shall be filed; in which last case, in
addition to such publication, the said order to appear
and answer, shall be posted up at the court house, in
which the Superior Court for the said district holds its
session; and a copy of such order having been publish-
ed in the manner and for the time prescribed by law,
and one month having expired of the time thereby li-
mited for appearance, and answer by the defendant,
upon proof thereof, by affidavit to the judge of the court
in which the bill is filed, an order that the complain-
ants bill may be taken pro confesso, shall be granted
and entered in the common rule book kept by the clerk,
and the complainant may either have the matter of his
said bill decreed, or be may obtain a commission or
commissions for taking testimony, and have a decree
upon his bill as confessed, and the testimony adduced
by him in the same manner as if the cause was at issue.
SEC. 8. Be it further enacted, That the return of
process executed, shall be sufficient whereon to ground
any subsequent proceedings.
SEc. 9. Be it further enacted, That if a defendant
shall not file his or her answer within three months
from the return of the subpoena executed, the complain-
ant may either proceed on his bill as confessed, or have
a commission or commissions to take testimony; or he
may move the court for an attachment, which shall be
granted, to bring the defendant in to answer the char-
ges and interrogatories contained in his bill, at his e-
lectior; and may proceed in the two last cases, as if the
answer had been filed, and the cause was at issue; Pro-
vided always, That the court in its discretion for cause
shewn, may allow the answer of the defendant to be fil-
ed, and grant a further day for the hearings ; and when
a party is in custody on such attachment, he or she shall
be detained in custody, until he or she shall file his or
her answer, or be discharged by the court or the judge
thereof,
SEC. 10. Be itfurther enacted, [That] the defendant
may at any time before the bill is taken for confessed,
or afterwards, with the leave of the Court, demur or
plead to the whole bill or part ofit, or he may demur
to part, plead to part and answer the residue thereof;
in such manner as is authorised by the practice of the
high Court of Chancery in England, and by the rules of
practice for the courts of equity of the United States,
under the authority of the act of congress of eighth May
1792.









tzc. 11. Be it further enacted, That the complainants
shall put in the general replication, or file exceptions to
the defendants answer, and notice thereof served upon
him or his solicitor, and no special replication to an an- No special repli.
swer shall be filed, but by leave of the court, or the cation
judge thereof, for cause shewn.
SEc. 12. Be itfurther enacted, That every defendant
may swear to his or her answer, before any judge or
justice of the United States, or judge or justice of any
court of any of the United States or Territories of the
United States, or of any justice of the peace or Notary
Public of any of the said states or territories, or of this
territory,
SEc. 13. Be it further enacted, That the complain-
ant may amend his bill at any time before answer, plea
or demurrer filed, of course, and without costs ; but if Compl't may a-
the defendants appearance be entered, and the defen- mend his bill
dant hath procured a copy of the bill, the complainant
shall furnish the defendant with a certified copy of the
amendment gratis, but no amendment in a matter of
substance shall be allowed, as of course, to any bill
which has been sworn to.
Sr.c. 14. Be itfurther enacted, That if a plea or de-
murrer has been overruled, noother plea or demurrer
shall, thereafter be received, but the defendant shall an- Plea overruled
swer the plaintiffs bill, and if he fail to do so within
one calendar month thereafter, the same or so much
thereof as was covered by the plea or demurrer may be
taken for confessed, and the matter thereof be decreed
accordingly.
Se,. 15. Be it further enacted, That the plaintiff
may set down a demurrer or plea to be argued, or he
may take issue upon the plea; if upon an issue the facts
stated in the plea be determined for the defendant, they
shall avail him as far as in law and equity they ought Frmofleadin
to avail him ; if a plaintiff shall not reply to, or set for pl
hearing any plea or demurrer, and give notice thereof
to the defendant or his solicitor, one calendar month
before the second term of the court, after filing the
same, the bill may be dismissed with costs, and the
defendant may in all cases, instead of filing a formal
plea or demurrer, insist on any special matter in his an-
swer, and have the same benefit thereof, as if he had
pleaded the same matter or had demurred to the bill.
SEC. 16. Be it further enacted, That if an answer If answer bein-
shall be considered insufficient, the complainants soli- sufficient
citor may file exceptions thereto, at any time within
three weeks from the notice of the filing thereof, in the






























lerk to keep a
i.lA-book







Apred or infirm
Witnesses


clerks office ; and enter a rule with the clirk. that the
defendant make a better answer within six weeks, no-
tice of which rule and bf the filing the exception shall
be served upon the defendant or his solicitor, and if the
defendant shall insist on the sufficiency of his answer,
or shall neglect or refuse to put in a sufficient answer,
the comilainant may set down his exceptions for argu-
ment at the next term, and if they are sustained, no fur-
ther or other answer shall be received but on payment
of costs, and if a second answer put in, be adjudged in-
sufficient, the defendant shall pay double costs, and the
defendant may also in such case, be examined on inter-
rogatories, and committed till he or she sufficiently anr
swer them, or the plaintiff may move the court to take
so much of the bill as is not answered for confessed, and
may file his replication, obtain commissions for testi-
mony and proceed to hearing in the usual manner.
SEc. 17. Be it further enacted, That rules to plead,
answer, reply, or setting the cause for hearing, and
other proceedings not particularly mentioned in this act
and all proceedings before mentioned in it, shall be en-
tered in a rule book, to be kept by the clerks of the
court for that purpose, and notice of the entry thereof,
shall be served on the solicitors of the parties if there
be any employed, and if not, upon the parties respec-
tively.
Sec. 18. Be it further enacted, That after any billfil-
ed, and before the defendant has answered, on oath
made that any of the complainants witnesses are aged,
infirm, or are going out of the jurisdiction of the court,
or that any of them is a single witness to a material fact,
the clerk of the court in which the bill is filed, may is-
sue a commission to any justice of the peace of the
t .eritury for taking the examination of such witness or
witnesses de bene esse the party desiring such commis-
sion, giving reasonable notice to the adverse party of
the time and place of taking such examination, if such
adverse party o0 parties shall be known to the complai-
nant, and the examination taken as aforesaid, shall be
certified by the officer who shall have taken it, and be
returned sealed up, to the office of the clerk who issued
the commission.
SEc. 19. Be itfurther enacted, That for the purpose
of compelling the attendance of witnesses who reside
within this Territory, a subpoena shall issue under the
seal of the court with a blank for the names of the wit-
n-sses, to be filled up by the party procuring the same,
as occasion may require, requiring the witnesses to at









tetd before the jauite or coImnnisfionwrs '~ seok: timt
and place as the said justice or commissiwsiers shaft
appoint, for the purpose of giving evidence in the cause
therein described, and a memorandum in writing sub-
scribed by the said justice or commissioners, or one of
them, designating the time ard place where the said Po testiof
Justice or commissioners shall attend, or meet for that
purpose, being lett with the witness at the time the sub-
pcena shall be served on him, shall be sufficient to corn-
pel the attendance of such witnes*at the time and place
designated, in like manner as if the said time and place
had been designated in the said- subpoena, or to incur a,
contempt if he does not attend accordingly.
SrE. 20. Be it further enacted, That commissions
may issuya in term time or vacation, to take testimony
of witnesses residing oat uf the territory, by any two or
more persons named in the commissions by- the order
of the court or the judge thereof'in vacation, Providedt
That nfot more than four persons shall be nafted there-
ir two of whom may be n-amed by the complaiiant,
and two by the defendant; aH the testimony taken un- Commission to
der a commission to be executed out of the territory, take testimony
shall be vake% in interrogatories, and cross iriterroga-
tories, fited in the clerks office, and a eovyv thereof ser-
ved upoh the solicitor 4f the opposite ptaty, if there be
one employed, if not, upotr the party hirtse'f, and the
party tin*V whom orupon whose solicitor a cop oftt-re
said intirrogatories shall be served, shall have tei ays
fiom such service in which to Ale cross interrogtitrims,
and if cross t~terrogatories be not filed within ten days,
the commission& may issue for the taking the testimony
upon the direct inte'rtogatories; the copy of the interro-
gatories shall be accompanied with-uetice of the name,
residence and occupatio14if it be known, of the witness
or witnesses to be eamanimedt, and also of the name resi-
detce and occupation, if it be knowr,'of the person or
persons who are to be proposed to the court ro judge as
corinitssioners'on the part of the party for whom the
testimtfny is to be taken, and when the opposite party
files his or her cross interrogatories, they shall be ac-
cormpanied with the hamnes, residence, and occupations
of the persons to be proposed by him or heras commis-
sioners; all testimony taken viva voce, in open court,
shall be taken down in writing at the time by the clerk.
Sac. 21. Be itfurther enacted, That no subpeena-sh a)l
issue but upon bill filed, nor shall any writ of injuncti-
on or ne exeat be granted, but upon a bill filed, excelp
in the special cases, and for the-special or similar can-










e-actice on in.
junction and ne
eseat









Injunction after
verdict at com-
Mnon law























Tor,. and effect
of a decree


sea -utihorised by the practice Aotht igecourte.of
Chancery wi England, and no writef injunction to stay
proceedings at law, shall be granted, but upon motion to
the court or judge, and reasonable notice thereof to the
opposite party or his attorney ; and thedefendant may
as well before as after, answer on due notice to the com-
plainant, upon the matters of the bill, and move *he
court or the judge thereof, in vacation, for adissolution
of the injunction.
SEc. 22. Be itfurMer enacted, That no injunction
sfl ll issue to stay proceedings at law after verdict or
inquest of damages, unless the party applying therefore
shall have previously paid all the costs of the suit at
law, and .shall have entered into a bond with two or
more sufficient sureties, in double the amount of the
verdict at law, payable to the plaintiff in the action at
law, and conditioned .o pay the said plaintiff, the a-
mount of the verdict, inquest or judgment at law toge-
ther with ten per cent. on the same, if the said injunc-
tion shall be dissolved, or the bill upon which it may
be granted, shall be dismissed; and no injunction to stay
proceedings at law, before verdict or inquest of dama-
ges shall issue, unless the party applying shall have
previously paid all the costs in the suit at law, and shall
with two good and sufficient securities have entered in-
to a bond in double the amount or value of the proper-
ty, if personal, really in controversy to the plaintiff, in
the action at law, and conditioned to pay to the said
plaintiff all damages, losses, expenses and charges
which he may really have sustained, or have been put
to by reason of the issuing of the said injunction, if the
injunction shall be dissolved or the bill on which it was
granted shall be dismissed.
SEc. 23. Be itfurther enacted, That every final de-
cree shall be made up and engrossed by the clerk of the
court, and be signed by the judge of the court in which
it was pronounced, at any time upon request of the par-
ty plaintiff or his solicitor, after the expiration of thirty
days from the time of pronouncing the decree, unless it
shall have been appealed from, or a petition for a re-
hearing have been presented, within the said thirty
days, and no process shall be issued, or other proceed-
ings had, oin any final decree or order, until the bame
shall have been engrossed and signed as aforesaid, and
filed in the clerks office, and every final decree or order
of any of the courts of this Territory, in any suit or
proceeding in equity, which shall direct the payment of
money, either absolutely or conditionally, shall have the









same binding effect upon the property of the party, a"
against whom such decree or order shall have been pro-
nounced, from the time of the filing thereof in the clerks
office, engrossed and signed, as a judgment at law has
by law.
:SE. 24. Be it further enacted, That a petition for
a rehearing regularly presented within thirty days
from the time of pronouncing the decree, shall prevent
the issuing of process, until the prayer of the said peti-
tion shall be determined on, and such petition shall be
determined on at the term of court in which the decree
was pronounced, if it can be done, if not, within thirty
days from the time at which the petition was present-
ed: every petition for a rehearing shall contain the spe-
cial matter or cause, on which such rehearing is ap- Reheain'g
plied for, and the facts therein stated, if not appearing
on the face of the proceedings, shall be verified by the
oath of the party or of some other credible person; af-
ter a rehearing shall have been granted, no farther or o-
ther proceedings shall be had or taken on the decree
pronounced on the original hearing of the cause.
Sic. 25. Be it further enacted,.That from any and e-
very final decree pronounced in the county courts of
this territory, an appeal may be taken as a matter of
right and of course, to the Superior Court of the dis- Decrerstin coub
trict in which it was pronounced, and every appeal ta- appealed from
ken according to the provisions of this act, from any
such decree, shall operate as a supersedeas and stay all
proceedings upon the decree appealed from-that an
appeal shall be taken by filing in the office of the clerk
of this[the] court in which the decreee was pronounced,
a written memorandum that the cause was c; rried te the
superior court by appeal, by paying all the costs which
have accrued in the county court, and giving notice of
the appeal to the opposite party or his solicitor, all
which to entitle the party to his appeal, must be done
within thirty days from the day in which the decree in
the county court was pronounced. No appeal shall be
taken from a decree of any of the said county courts,
which order and direct the payment of money, either
absolutely or conditionally, unless the party desiring to
appeal from such decree shall within the aforesaid thir-
ty days enter into a bond with two good and sufficient .
securities, in a sum double the amount of the money
directed or ordered to be paid by the decree: which
bond shall be payable to the opposite party and shall be
conditioned for the payment to such opposite party, of
the sum or sums of money decreed by the county conur









Upon'giving se- 'to be paid, tocethetiwith ten per cent. daages ol the
purity amount so decreed to. be paid, and all the costs of the
appeal, in case the said appeal shall not be prosecuted
to effect, or shall be dismissed, or the decree of the
county court shall be confirmed by the suJerior court;
and noappeal which shall be taken or entered other-
wise than according to the aforesaid provisions, snall
stay the issuing of process, on the taking any other ne-
cessary proceedings upon any final decree of the said
county courts, or'any of them, or be valid to any other
ptlrpose whatsoever. It shall be the duty of the clerk
of the court from which the appeal shall be taken, to
endorse on the memorandum of the taking of the ap-
peal, the owne .of the filing of such memorandum, and to
file the same with the other papers in the cause, and al-
so to enter upon his docket the time at which the said
'memorandum was filed.


Form of carrying
up the cause











General provis-
mon







'ime to file cross
interrogatories
-may be extended


- SEC. 26. Be it further enacted, That upon taking an
-appeal as afiresaid, it shall be the duty ef the clerk of
the Countv Court, to deposit in.the office of the clerk
of the Superitor court, ali the pleadings, papers and do-
rumensts in thle cause, with all documentary evidence
and other testimony adduced in the cause, with a trans-
cript o'fevery interlocutory decree or order, and of: the
finalxdeiare pronounced therein ; and the alerk of the
Superior Court shall thereupon enter the said appeal on
.theccalendar of the said court, for hearing, at the er.su-
ing term thereof.

SEC. 27. Be it fr,-thcr enacted, That the rules of
practice in the courts of equity of the United States as
prescribed by the Supreroe Court thereof, under the act
of Congress of the 8th'of May, 17-92. where provision is
not made by this act, shall be the rules for the practice
of.-the courts of this Territory, when exercising equity
jurisdiction, and when the rules-of practice so directed
by the SupremeCourt, and the provisions of this act do
not apply, the practice of the courts shall be regulated
by the practice of the High Court of Chancery in Eng-
land.

SEC. 28. Be it/furtherenacted, That the judges of the
said courts shall in all cases in which a commissifi for
the taking of testimony out of the Territory, shall be
applied for, have power on the application of the soli-
citor of the opposite party, to grant a greater time than
ten days ix which to file cross interrogatories, on good









and sufficient cause shewn to the said judges on oath by
the said solicitor.

GEO. MURRAY,
President of the Legislative Council.

Attested,
B. J. FATIO, Clerk.
(Approved July 3d, 1823.)


WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT,

Providing for the election of a Delegate to Congress.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That an.election for de-
legate shall be held on the first Monday of April eigh- Day ofelection
teen hundred and twenty five, and alike election shall
be held on the same day in every second year thereaf-
ter.
SrE. 2- Be it further enacted, That the county couiits
of the respective counties,be and hereby are empower-
ed and directed to appoint such places in their respec-
tive counties for holding such election, as they may
judge best suited to the convenience of the citizens, and
they are hereby authorised and empowered to appoint County courts to
three judges of the election, any two of whom shall have appoint judges
nower to act, at each of the places by them appointed,
and to receive and count the votes, which may be giv-
en at such places-in case of the death absence, inabili-
ty to act or resignation of the judge of the county court,
it shall be the duty of the clerk of the county court, to
appoint the judges and places of holding the election.
SEc. 3. Be it further enacted, That previous to any
votes being received, the judges shall appoint a clerk, Judges to ap-
and. the said judger.and clerk shall severally take an point acterk
oath or affirmation, in the following form (to wit) I, A.
B. do solemnly swear or affirm (as the case may be) that
I will perform the duties of-judge of the election (qr
clerk as the case may be,) according to law, and to the oath.
best of my abilities, and that I will studiously endeavor
M









to prevent fraud, deceit and abuse in conducting thE
same; which oath or affirmation shall be administered
by a judge or justice of the peace, present, at the open-
ing of the election, but if no such judge or justice of
the peace should be present, the judges of election are
heieby authorised and empowered to administer the
oath to each other, and to the clerk.
SEC. 4. Be it further enacted, That the votes shall
be given by ballot, at the time and places of holding the
election, and the poll shall be opened, at the hour of
To vote by bal. eight in the morning and closed at the hour of six in
lot. the afternoon of the same day, and the poll shall conti-
nue open for three successive days.
SEC. 5. Be it further enacted, That it shall be the du-
ty of the judges to provide a ballot box, in which shall
be deposited by one of the judges, the ballots as soon as
Formofconduct- they are given to him by the voters; and as the voters
ing election hand in their ballots, their names shall be taken down
by the clerk in a book prepared by him for that purpose;
and on each day when the hour for closing the polls has
arrived, it shall be the duty of the judges, to count pub-
lickly the votes so given in by ballot, and to insert in a
book prepared by them for that purpose, the number
given to each candidate.
SEC. 6. Bezitfurther enacted, That when two or more
f twoballotsfol- ballots are put in the box, folded as one ballot, they
ded together shall be destroyed and not counted, and where any bal-
lot contains the name of more than one candidate, it al-
so, shall be destroyed, and not counted.
SEc. 7. Be it further enacted, 1 hat within four days
after the closing of the polls, the judges of the election
shall seal up, enclose and deliver to the sheriff of :he
county in which the election was held, a certificate of
the number and names of the candidates voted for, and
of the number of votes given to each candidate, in the
following manner : We the subscribers, judges of the
Form of the re- election for a delegate to Congress, held at -
turn in the county of do-hereby certify, that at
the said election, held at the aforesaid place, A. B. and
C. were candidates, and that there were given for A. B.
the number of votes and for C. D. the num-
ber of votes.
Signed D. E.
F. G.
Judges of Election.
And it shall be the duty of the sheriff within ten days
after receiving the said certificate, to transmit it to the
Governor of the Territory.









SEo. 8. Be it further enacted, That the said judges
shall receive as a compensation for their services arid Compensation t,
necessary expenses in conducting the election, the sum judges & clerks
of two dollars each per day, and the clerks the sum of
three dollars each per day.
SEC. 9. Be itfurther enacted, That it shall be the
duty of the Governor or person exercising the govern-
ment, for the time being, within two months after the
time appointed for holding the election, to cast up and
arrange the votes from the several counties, or such of Governor to pro-
them as may have been returned, for each person voced claim the person
for, as delegate to Congress, and shall immediately elected
thereafter, issue his proclamation, declaring the person
having the highest number of votes to be duly elected,
as delegate, to represent this Territory in the Congress
of the United States, and to grant a certificate thereof,
under the seal of the Territory, to the person so elect-
ed.
SEC. 10. Be it further enacted, That whenever two
or more persons have an equal number of votes for de-
legate to Congress, and whenever a vacancy shall occur, Two persons
b) the death, resignation or expulsion of the delegate having equal
elected, it shall be the duty of the Governor to issue his number of votes
proclamation to the several judges of election, through
the Territory, to cause another election to be held con-
formably to the provisions of this act, and on such a day
as the Governor shall appoint.
SEc. 11. Be it further enacted, That if any candidate
choose to contest the right of any person proclaimed
duly elected, to hold his seat in the house of represen-
tatives, such person shall give notice thereof in writing
to the person whose election he intends to contest, by
leaving a written notice thereof, at the house where
such person last resided, within fifty days after the date Candidate choJ-
of the Governors proclamation, notifying the result of singto contest
the election, in which notice, shall be expressed the
points in which the same will be contested, and the
names of the justices of the peace, who will attend at the
taking of the depositions, and when and where they Form of proceed
will attend to take the same, Provided, That the time ding
fixed upon for taking such depositions, shall not exceed
four months from the day of election, and the said justi-
ces shall have power, and they are hereby authorised
to issue subpoenas to all persons whose testimony may
be required, by either of the parties, commanding such
person to appear and give testimony at the time and
place therein mentioned, under the penalty of fifty dol-
lars, to be levied on each and every delinquent who









bath been duly served with process, and the said justi-
ces shall hear and testify, under seal, all testimony rela-
tive to such contested election, to the speaker of the
house of representatives of the United States, Provid-
ed nevertheless, That no testimony shall be received
which does not relate to the points in the notice, a co-
py of which notice, attested by the person who deliver-
ed or served the same, shall be delivered to the said jus-
tices.
SEc. 12. Be itfurther enacted, That all white male
citizens of the United States, above the age of twenty
one years, who have resided in the Territory of Florida
Qualifications of for the space of three months previous to the day of e-
-voters election, and all white male inhabitants of the Territory
above the age of twenty one years, who were in the
Territory at its cession to the United States, on the
seventeenth of July, eighteen hundred and twenty one,
and who have continued to reside in the Territory un-
til the day of election, shall be entitled to vote for the
delegate to Congress.
SEc. 13. Be it further enacted, That when objections
are made to a person offering to vote, and in all other
cases where the qualifications of the person offering to
vote is a fact unknown to either of the judges, they
shall have power to examine such person, on oath or
Challengeto vo- affirmation, touching his qualifications as a voter, a-
ters gree.ably to the qualifications In the preceding section;
which oath or affirmation either of the-judges of electi-
on is hereby authorised to administer, and such person
may be further required to declare on oath or affirma-
tion, tha: he has not already voted at any other place of
election, or has not been refused for want of due quali-
fications as a voter.
SEC. 14. 1eitfurther enacted, That if any judge of
the election or clerk, or any other officer concerned in
Penalty for fraud conducting the election, shall neglect, improperly de-
in conducting e- lay or refuse to perform any of the duties or services
election required by this act, having undertaken so to do, or
shall knowingly admit any person to vote, not qualified
according to law, or shall be guilty of corruption, par-
tiality, or manifest misbehavior, in any matter or thing
appertaining to said election, or shall knowingly make
a false return of the votes given, he or they so offending
shall forfeit and pay each to the Territory, a sum not
exceeding two Lundred dollars, nor less than fifty dol-
lars, to be recovered in any court of record in the Ter-
ritory, in the name and for the use of the Territory, in
an action of debt with costs of suit, at the suit of any









person who may sue for the same, one half to the use
oi the Territory, and the other half to the use of the
person suing.

GEO. MURRAY,
President of the Legislative Council.


Attested,
F. J. FATIO, Clerk,


(Approved July 3d, 1823,)


WM. P. DUVAL,

Governor of the Territory of Florida.



AN ACT,

To regulate conveyances of real property, and the recording there-
of, and to prevent frauds and perjuries, and for other purposes.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after
the first day of August next, which will be in the pre-
sent year of our Lord, one thousand eight hundred and
twenty three, no estate or interest of freehold, or for a
term of years, of more than two years, or any uncer-
tain interest, of, in or out of, any messuages, lands, te-
nements or hereditaments, shall be created, made,
granted, conveyed, transferred or released in any other
manner than by deed in writing, sealed and delivered
in the presence of at least two witnesses, by the party
or parties creating, making, granting, conveying, trans-
ferring or releasing such estate, interest or term of
years, or by his, her or their agent thereunto lawfully
authorised, unless by last will and testament, or other
testamentary appointment duly made, according to law;
and that from and after the day and year aforesaid, no
estate or interest, either of freehold or term of years,
other than terms of years for not more than two years,
or any uncertain interest, of, in, to or out of any lands,
tenements, messuages or hereditaments, shall be assign-
ed or surrendered, unless it be by deed, sealed and de-
livered in the presence of at least two witnesses, by the
party or parties so assigning or surrendering, or by
his, her or their agent thereto lawfully authorized or
by the act and operation of law.


No interest in
lands conveyable
but by deed









SEC. 2. Be it further enacted, That from and after
the said first day of August, all declarations and crea-
tions of trust and confidences, of or in any messuages,
i rusts to be de, lands, tenements, or hereditaments, shall be manifested
cleared only by rin
drting and proved by some writing signed by the party au-
thorised by law to declare or create such trust or confi-
dence, or by his or her last will and testament, or else
they shall be utterly void and of none effect. Provided
always, that where any conveyance shall be made of a-
nV lands, messuages or tenements, by which a trust or
confidence shall or may arise or result, by the implica-
Except those a- tion or construction of law, or be transferred or extin-
rising by con- guished by the act or operation of law, then and in e-
.truction of law very such case, such trust or confidence shall be of the
like force and effect as the same would have been if this
statute had not been made, any thing herein contained
to the contrary thereof in any wise notwithstanding.
SEc. 3. Be it further enacted, That all grants, con-
veyances or assignments of trust or confidences, of or
in any lands, tenements, or hereditaments, or of any es-
Assignments of tate or interest therein, shall beby deed sealed and de-
trusts to be by livered in the presence of.two witnesses, by the party
deed granting, conveying or assigning the same, or by his or
her attorney or agent thereunto lawfully authorised, or
by last will and testament duly made and executed, or
else the same shall be void and of none effect.
SEc. 4. Be it further enacted, That for the purpose
of rendering public the alienation of real property, and
conveyances of preventing frauds, every conveyance, transfer or
real property to mortgage of such property, or of any interest therein,
ho recorded shall be recorded in the office assigned by law
for that purpose, within the space, if such convey-
ance, transfer or mortgage, shall have been made
in this Territory, of three months from the mak
ing thereof-if made in any other part of the United
States, of four months from the making thereof--and if
made out of the United States, of six months from the
making thereof. And in order to procure the record-
ing of any such conveyance, transfer or mortgage, the
execution thereof, by the party making the same, shall
up',; certain be acknowledged by such party, or shall be proved
i'.o-:. upon oath by at least one of the subscribing witnesses
thereto, before the officer authorised by law to record
the same, or before some judicial officer of this Terri-
tory; or if such conveyance, transfer or mortgage shall
have been executed out of this Territrry, but within
the United States, such execution shall be proved in
the manner aforesaid, by at least one of the subscribe.