TABLE OF CASES DECIDED. Megin v. Filor et al Mitchell v. St. Andrew's Bay Land Company Moore & Montford v. Hamilton Ponder v. Graham Porter v. Ferguson Simonton v. Gandolfo Smith, Levy et al. v. Smith, Lines v. Smithwick v. Dawkins St. Andrew's Bay Land Company v. Mitchell White ex parte Williams et al. Betton v. Williams, Love v. 203 200 112 23 102 209 154 47 158 192 165 11 126 DECISIONS OF THE Supreme Court of Florida AT JANUARY TERM, 1851. The following acts, organizing the Supreme Court of Florida, were passed at the late session of the General Assembly; and the questions which are discussed in the first opinion delivered by the court, arising under the provisions of the laws in reference to Circuit Judges, having been brought before the court, it is deemed proper for the better understanding of the subject, to publish so much of the said acts as have relation to the matter. AN ACT to organize the Supreme Court of the State of Florida. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened. That, from and after the first day of January, in the year of our Lord one thousand, eight hundred and fifty-one, the Supreme Court of the State of Florida shall be composed of one Chief Justice and two Associate Justices, who shall be chosen and elected according to the provisions of the constitution, and hold their offices for eight years. SEC. 2. Be it further enacted, That said Chief Justice and Associate Justices shall each receive for his services, an annual salary of two thousand dollars, to be paid quarteryearly at the treasury. SEC. 3. Be it further enacted, That the Justices of the Supreme Court shall hold four terms of the said court in each and every year-that is to say, one term at Tallahassee, in the middle circuit, on the first Monday in January; one term at Jacksonville, in the eastern circuit, on the third Monday of February; one term at Tampa, in the southern circuit, on the first Monday of March; and one term at Acts of General Assembly organizing the Court. Marianna, in the western circuit, on the third Monday of March: Provided, however, That said Justices may have power to order special terms or sessions of said court, whenever, from any cause the regular terms could not be held, and whenever the public service may require the same: And provided further, that for the year 1851, there shall be but one term of the Supreme Court, to be held at Tallahassee, on the first Monday in January, or as soon thereafter as organized, which court shall hear and determine all cases before them from every circuit in the State. SEC. 4. Be it further enacted, That the Supreme Court, when in session at Jacksonville, in the eastern circuit, shall hear and determine all appeals and writs of errors, and all other matters of jurisdiction, brought from, or which shall arise in, the eastern circuit; and when in session at Tampa, in the southern circuit, shall hear and determine all appeals and writs of error, and all other matters of jurisdiction, brought from, or which shall arise in, the southern circuit; and when in session at Tallahassee, in the middle circuit, shall hear and determine all appeals and writs of error, and all other matters of jurisdiction, brought from or which shall arise in, the middle circuit; and when in session at Marianna, in the western circuit, shall hear and determine all appeals and writs of error, and all other matters of jurisdiction, brought from or which shall arise in, the western circuit: Provided, That no Justice of said court shall sit upon the determination of any case which he may have decided as Circuit Judge, or in which he may have been engaged as counsel: And provided, That by agreement of parties, any case may be heard and decided. by the court at either of its sessions. SEC. 5. Be it further enacted, That whenever, from any cause, any one or two Justices of the Supreme Court are disqualified or disabled from hearing and determining any cause brought before them, it shall be the duty of the Jus |