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person for such office at such election, which certificate shall be prima facie evidence of his election to such office.

SEC. 30. When any person shall be elected to the office of elector of President and Vice-President, or Representative in Congress, the Governor shall make out, sign, and cause to be sealed with the seal of the State, and transmit to such person, a certificate of his election.

Certificates to Presidential electors.

Term of office of county

SEC. 31. The term of office of all county officers elected by the people shall be two years from the day of the canvass of the votes by the county canvassers, and they shall be entitled micers elected. to hold their respective offices until their successors shall be elected and qualified; Provided, That persons elected to fill vacancies shall hold their offices during the unexpired term for which they may be elected; And provided further, That the constables elected at the time of the adoption of the constitution shall hold their offices until their successors are elected and qualified in the year 1870.

SEC. 32. The Secretary of State is hereby required to cause to be prepared proper forms for the use of inspectors of election and county canvassers, conformable to the provisions of law, and he shall, at least sixty days before each general election, transmit to the clerk of the circuit court of each county a sufficient number thereof for the several precincts within each county; and shall also have printed a sufficient number of copies of the laws regulating general elections, to supply the several counties and precincts, and transmit the same with the forms aforesaid, and the clerk of the circuit court in each county shall transmit to the inspectors of election, with the registration lists, a sufficient number of such forms and copies of the election laws, for the use of the inspectors.

Approved by the Governor August 6th, 1868.

Duties of Secretary of State.

CHAPTER 1,626.—[No. 2.]

AN ACT to provide for the Organization and Government of the Supreme Court. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. The Justices of the Supreme Court are hereby required to meet at the Supreme Court room, in the Capitol, immediately after the passage of this act, for the purpose of organizing, appointing a clerk, preparing and adopting rules of practice, and transacting any other business properly coming before them, other than the hearing and disposing of cases coming before the court by appeal or writ of error.

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SEC. 2. The Supreme Court shall hold three terms in each year, in the Supreme Court room, in the Capitol, commencing When terms respectively on the second Tuesdays of October, January, and what shall be a April. A majority of the justices shall be a quorum for the quorum, ad- transaction of all business. The court may adjourn from time to time, as may be deemed necessary for the dispatch of busi

shall be held,

journments.

General pow

er to make and courts and as to

amend rules of

process.

Jurisdiction.

sue certain

writs.

ness.

SEC. 3. All rules adopted by the Supreme Court, and published, shall be taken and construed to have the same force that is given to a law, until the said rules shall be amended or altered by the Court or the Legislature. The court shall have power to make, amend, annul, or modify any rule of practice of the Supreme, Circuit, or County Courts, as they may see fit, givng due notice thereof by publication. And they may also make rules for the issuing and return of process, and regulate the manner in which judgments may be entered in said courts, which rules shall be uniform as near as may be throughout the State, and not conflicting with the constitution and laws.

SEC. 4. The Supreme Court shall have appellate jurisdiction in all cases in equity, also in all cases at law in which is involved the title to or right of possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand or the value of the property in controversy exceed three hundred dollars; also in all other civil cases not included in the general subdivision of law and equity; also in all cases of law alone, in all criminal cases in which the offence charged amounts to a felony.

SEC. 5. The Supreme Court shall have power to issue writs of Power to is mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have the power to issue writs of habeas corpus to any part of the State, Habeas cor- upon petition by or in behalf of any person held in actual custody, and may make such writs returnable before himself, or before the Supreme Court, or before any Circuit Court, or before any judge of said courts.

pus.

ers.

power

SEC. 6. The Supreme Court shall be vested with all the General pow- and authority necessary for carrying into complete execution all its judgments, decrees, and determinations in the matter before it, agreeably to the usages and principles of law; and any justice of said court, in vacation, shall, on good cause shown, have power to allow writs of error, certiorari, and supersedeas, and also to grant writs of injunction.

Powers in vacation.

Entries in

case a quorum

SEC. 7. In case a quorum of the justices shall not attend on the first day of the court, the clerk shall enter the fact his upon does not attend minutes, and the court shall stand adjourned until the succeeding day, and so from day to day, for six days; and if a quorum shall not appear for six days, all matters pending in said court

first day of term.

Shall stand continued

Power of one

shall stand continued, of course, until the next term, and no ac-
tion or matter shall thereby abate or be discontinued; Provided, when.
That in case one of the justices shall appear before the expira-
tion of the sixth day, he may adjourn the court from time to
time, for such time as may be deemed necessary to enable a quo-
rum to be present, in which case all matters pending shall be
continued until a quorum shall be present; but such justice may,
in the meantime, hear and decide such matters as may be sub-
mitted, not involving the final determination of cases, other than
proceedings under writs of habeas corpus.

sence of a quo

rum.

Clerk's bond.

SEC. 8. The Clerk of the Supreme Court shall give bond in the sum of two thousand dollars, to be approved by the Attorney-General, or by two justices of the court, and his bond shall be filed in the office of the Secretary of State, conditioned for the faithful discharge of the duties of his office; and, until otherwise provided, he shall receive such fees as were provided by former statutes, and he may appoint a deputy clerk, who may, Deputy clerk. in the absence of the clerk, or under his direction, perform all the duties of the clerk, and for whose acts the clerk shall be responsible.

SEC. 9. The sheriff of the county in which the court is held shall be the sheriff of the Supreme Court, and shall, in person, or by deputy, attend its sessions, and serve all process required to be served, and shall receive such fees therefor as provided by law.

Approved August 1st, 1868.

Sheriff.

CHAPTER 1,627.-[No. 3.]

AN ACT to Organize the County Courts of the several Counties of the State, and to prescribe the Mode of Practice of said Courts.

Courts estab

Terms.

The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. That a county court shall be organized in each of the several counties of this lished. State, which shall hold at the county seat of each county at least six terms during the year, viz.: One on the first Monday of January, March, May, July, September, and November; Provided, however, That when the days established by law in any county for holding the circuit court, and the days above established for holding the county court, are the same, then, and in that case, the county court shall, in such county, be held on the second Monday preceding the Monday upon which it would otherwise be held; And provided further, That the said county bate. court, sitting as a court of probate, shall be at all times open

When open as a Court of Pro

ord.

for the transaction of probate business, as is hereinafter provided.

SEC. 2. That the said county courts shall be courts of record, Courts of rec- and shall be provided with a seal, and it shall have jurisdiction of all civil cases where the amount in controversy shall not exceed three hundred dollars, and [of] misdemeanors, and its jurisdiction shall be final in all civil cases where the amount in controversy does not exceed, exclusive of costs, one hundred dollars; it shall have jurisdiction in cases of forcibly entry, and unlawful detention of real estate, and shall have full surrogate and probate powers, and such other jurisdiction as is conferred by law

Jurisdiction.

Contempts.

Power as to process.

ing and practice.

under the constitution of this State.

SEC. 3. That the judge of said county court, sitting as a court of probate, or otherwise, shall have like power as the judges of the circuit court, to punish for contempt, to attach all persons summoned as jurors or witnesses for failure to attend; and it shall have further authority to make all orders and decrees, and to issue every and all process necessary to maintain and carry out its constitutional jurisdiction, or to enforce its authority, or to enter and enforce its judgments and decrees in all matters wherein it has jurisdiction, whether such matters be civil or criminal.

SEC. 4. That the rules of pleading and practice, and of eviRules of plead- dence, and the laws of this State prescribing rules of pleading and practice for the circuit courts, shall be, except as is herein otherwise provided, and in so far as they are applicable, the rules of pleading and practice of the county courts.

Pleading in civil actions

SEC. 5. That in causes coming before the county court not appertaining to its probate jurisdiction, or to its jurisdiction as a justice of the peace, or in criminal matters, or cases of forcible upon contracts. entry or unlawful detainer, the defendant shall cause his plea to be filed on or before the first day of the trial term, and in case such plea requires a replication, the opposite party shall be allowed to reply, and all issues of fact shall be made up before the cause is called for trial, and all pleas shall be sworn to either by the parties or their attorneys, as required by the constitution of this State.

Venire facias.

Special venire.

SEC. 6. That it shall be the duty of the clerk of the county court, at least ten days before each jury term, to issue a writ of venire facias directed to the sheriff of the county, commanding him to summon twenty good and lawful jurors, registered voters of the county, to be drawn and selected in the manner provided by law in the circuit court, to attend on the first day of the approaching term of the court, which writ it shall be the duty of the sheriff to execute, and if a sufficient number should not attend, or for any cause more jurors are needed, then a special venire may issue, or the sheriff may summon bystanders, as the court may order.

SEC. 7. That the term of the county court shall continue for such length of time as the judge may deem necessary or expedient, and he shall have full power to call special terms at Special terms. such times as he may deem proper in the exercise of his civil and criminal jurisdiction, causing personal notice of the time and place to be given to the parties or their attorneys, which shall be issued by the clerk and served by the sheriff at least five days before the day appointed for holding the term; but no jury shall be summoned for such special term, except in the manner provided by law.

SEC. 8. That it shall be lawful for the clerk to demand and receive security for the costs before any civil process issues.

SEC. 9. That the clerk and sheriff shall receive for services, in connection with the discharge of their duties, the fees allowed by law.

CRIMINAL JURISDICTION.

Security for

costs.

Fecs.

Duties of Jus

Peace.

SEC. 10. That the judge of the county court shall have and exercise the criminal jurisdiction hereinbefore provided, and that whenever a justice of the peace, or the judge of the county court, shall, upon any examination of a complaint in a case within the jurisdiction of the circuit or county court made before him, de- tices of the termine that there are sufficient grounds to hold the accused for trial, he shall commit or hold to bail the said party for his or her appearance at the next term of the circuit or county court, and forthwith return the papers in the case to the clerk of the said circuit or county court.

SEC. 11. That in the proceedings of said court, no presentment, or indictment, or written pleadings shall be required except the complaint, but it shall be sufficient to put the party accused upon his or her trial, that the offense is described with reasonable certainty in the complaint, which shall be sworn to by the party making the same.

Written pleadings not required.

SEC. 12. That in the trial of criminal causes in the county Challenges. court there shall be no right of peremptory challenge on the

part of the State, and but three on the part of the prisoner.

SEC. 13. That the trial of all criminal cases in the county Trial by jury. court shall be by jury, and the practice in the trial of causes in the circuit court shall be the practice in the county court as far as applicable, but the parties in any civil or criminal case may consent to a trial by a jury of less than twelve jurors, or waive a jury altogether.

Disposition of

SEC. 14. That the fines imposed upon persons by the county court shall be paid into the county treasury for the use of the fines. school fund, and all moneys upon forfeiture of recognizance shall be paid to the county treasurer, to pay such expenses as may incurred by the county in connection with the court, and that the several counties shall pay all legitimate expenses attending court.

be

Expenses of

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