1895. Replevy by defendant. Judgment by default. CHAPTER 4408.-[No. 87.] AN ACT to Amend Sections 1766, 1767 and 1768, of the Revised Statutes of Florida, Relating to the Enforcement of Liens in Favor of Landlords. Be it enacted by the Legislature of the State of Florida: SECTION 1. That section 1766, of the Revised Statutes of Florida, be and the same is hereby amended so as to read as follows: 1766. Replevy by Defendant: The property so distrained may at any time be restored to the defendant upon his giving bond to the officer levying such distress warrant, payable to the plaintiff, with two or more good and sufficient sureties, to be approved by such officer in double the value of the property levied on, such value to be fixed by the officer, conditioned for the forthcoming of the property restored, to abide the final order of the court, or it may be restored to the defendant on his entering into bond with two or more good and sufficient sureties, to be approved by the officer making the levy, conditioned for the payment to the plaintiff of the amount or value of the rental or advances which may be adjudicated to be payable to such plaintiff. Judgments may be entered against the sureties on such bonds in the same manner and with like effect as is provided in section 1664 of the Revised Statutes of Florida. SEC. 2. That section 1767, of the Revised Statutes of Florida, be and the same is hereby amended so as to read as follows: 1767. Judgment by Default: If the defendant shall not appear upon the return day of the writ and file the affidavit provided for in section 1768 (as hereby amended), the clerk or the judge, if the court have no clerk, shall ascertain what rent or advances is due the plaintiff, and the value thereof, and shall enter judgment for the same, by default, with costs, against the defendant, and shall also enter judgment against the sureties on his bond as provided for in section 1766 (as hereby amended) if the property has been restored to the defendant, and execution shall issue and be enforced as in other cases. SEC. 3. That section 1768, of the Revised Statutes of Florida, be and the same is hereby amended so as to read as follows: 1895. ment, etc. 1768. Trial, Verdict, Judgment and Appeal: In case the defendant shall appear and file his affidavit that the rent or advances, or any part thereof claimed, is not due, a trial with- Trial, judgout other written pleadings shall be had upon the return day of the writ, or upon such other day as the court or judge shall fix, and a jury (unless a trial by jury is waived) shall be sworn to well and truly try, and a true verdict render, whether any, and if any, what rent or advances is due the plaintiff, as alleged in his affidavit, and the value of the same. If the verdict of the jury, or the finding of the court be for the plaintiff, judgment shall be rendered against the defendant for the amount or value of the rental or advances, including interest and costs, and judgment shall also be rendered against the sureties on the defendants' bond as provided for in section. 1766 (as hereby amended) if the property has been restored to the defendant, and execution shall issue and be enforced as in other cases. If the verdict of the jury, or the finding of the court, be for the defendant, the proceeding shall be dismissed, and the defendant shall have judgment and execution against the plaintiff for costs. Appeals may be taken by either party to the proper appellate court, and such appeals shall operate as a supersedeas upon the same conditions as other appeals in actions at law. Approved May 29, 1895. CHAPTER 4409-[No. 88.] AN ACT to Amend Section 588, of the Revised Statutes of the State of Florida, Relating to the Payment of County Warrants. Be it enacted by the Legislature of the State of Florida: SECTION 1. That section 588, of the Revised Statutes of the State of Florida, be amended so as to read as follows: Duty of county treas 588. Refusal to pay Warrant to be Noted: The county treasurer shall enter in a book to be kept by him for that purpose, the fact of the refusal to pay, or non-payment of any warrant which may be presented to him, as such treasurer, and urer. include in such entry a description of the warrant or order, and by whom presented, and date of presentation, and his reason for such refusal or non-payment; and he shall also, at the request of the person presenting the same, endorse on the back of such warrant the fact of such refusal or non-payment and reason therefor, and shall pay such warrants in the order of their presentation. The board of county commissioners of 1895. County com missioners to furnish book. Repeal. Laws against ply, each county shall furnish the treasurer a book for the purpose above specified, which shall be open to the inspection of all citizens. SEC. 2. That all laws in conflict with the provisions of this act are hereby repealed. Approved May 15, 1895. CHAPTER 4410--[No. 89.] AN ACT to Apply the Existing Laws on the Subject of Trespass to Be it enacted by the Legislature of the State of Florida: SECTION 1. That wherever fences or enclosures have been or shall hereafter be dispensed with in any county or part of trespass to ap- a county in this State, the laws of this State applicable to offenses of trespass against realty, or injury thereto, or to property thereon, or connected therewith, and in regard to hunting or fishing, or other kind of trespass on lands, shall. not become inoperative, but shall apply to such uninclosed or unfenced land with the same force and effect as if such enclosures and fences had not so been dispensed with. Notices. Repeal, Powers of sheriff. Effect. SEC. 2. That notices required to be posted on lands shall be sufficient if the sign board shall have thereon in letters easily seen and read the word "Posted" in letters not less than two inches long, followed by the owner's name. SEC. 3. All laws and parts of laws in conflict with this act,. be and the same are hereby repealed. Approved May 8, 1895. CHAPTER 4411-[No. 90.] AN ACT to Allow Sheriffs to Serve Papers when made Ex-officio Be it enacted by the Legislature of the State of Florida: SECTION 1. That sheriffs of the different counties of this State, when made defendants ex-officio in matters of administration and trusts, may accept service and may serve codefendants, and receive the fees allowed by law, except for the acceptance of the said service. SEC. 2. This act shall take effect and be of full force upon approval by the Governor. Approved May 28, 1895. CHAPTER 4412- [No. 91.] AN ACT Relative to the Limitation of Actions for the Recovery of Be it enacted by the Legislature of the State of Florida: 1895. Recovery of That no action for the recovery of real property or of its possession against a person without color of title shall be real property. barred within twenty years next after the accruing of the right of action, nor shall any occupation of premises by a person without color of title for less than twenty years be deemed an adverse possession. Became a law without the Governor's approval. CHAPTER 4413-[No. 92.] AN ACT to Provide for the giving of new Bonds under Certain Circumstances by State and County Officers. Be it enacted by the Legislature of the State of Florida: SECTION 1. That it shall be the duty of the Comptroller of the State of Florida, within ten days after the first day of August, A. D. 1895, and within ten days of the first day of January and June of each succeeding year therafter, to carefully examine as to the sufficiency of the bonds of the various State officials, and if by reason of the death, assignment or insolvency of any of the sureties on the bonds of said officials, he has reason to believe that the sufficiency of said bond has become impaired, he shall at once report the same to the Governor, who shall thereupon call upon and require such official or officials to execute and file with the proper officer a new bond for the same amount and under the same conditions as his former bond. Comptroller to examine as to sufficiency of bonds. sioners. SEC. 2. That the county commissioners of the various counties of the State of Florida shall at their regular meeting in Duty of counJanuary and June of each succeeding year thereafter, to care- ty commisfully examine as to the sufficiency of the bonds of the county officers of their respective counties, and if by reason of death, assignment or insolvency of any of the sureties on the bonds. of said officers, they have reason to believe that the sufficiency of said bond has become impaired, they shall at once report the same to the Governor, who shall call upon and require such officer or officers to execute and file with the proper officer a new bond for the same amount and under the same conditions as his former bond. 1895. Failure to give feasance. SEC. 3. That upon the failure of any State or county officer to give the new bond required by sections one and two of this new bond mis- act, within sixty days after he is called upon to do so, such failure upon the part of any county officer shall be deemed and held to be a misfeasance within the meaning of the con. stitution, and it shall be the duty of the Governor to suspend such officer, as provided in section 15 of article 4 of the constitution, and to at once appoint a successor to fill such vacancy, who after giving the bond required and otherwise qualifying, shall take charge of the office to which he has been appointed, and perform the duties of the same until his successor shall have been elected and qualified, or the officer suspended be reinstated, and in all cases where officers are liable to impeachment under the constitution, a failure to give the bond as herein before mentioned shall constitute a ground of impeach Failure of Comptroller or county commissioners to perform duties. Writs of error. ment. SEC. 4. That if the Comptroller of the State of Florida, or the boards of county commissioners of the various counties, shall fail to perform the duties required by sections one and two of this act respectively, they shall be liable to the State or county for any loss which may be sustained by the State or county, by reason of such sailure, such sum to be recovered by suit in any county in which such comptrollor or county commissioners may reside. SEC. 5. That this act shall go into effect on its approval by the Governor. Approved May 11, 1895. CHAPTER 4414-[No. 93.] AN ACT to Amend Sections 1270 and 1272 of the Revised Statutes of the State of Florida, Relating to Supersedeas Orders and Supersedeas Bonds. Be it enacted by the Legislature of the State of Florida: SECTION 1. That section 1270 of the Revised Statutes be amended so as to read as follows: 1270. Right to, and Teste, and Service of. All writs of error shall be tested in the name of the chief justice of the supreme court, and shall issue on demand as matter of right from the office of the clerk of the appellate court, or from that of the clerk of the court (or if there be no clerk, from the office of the judge) in which the judgment has been rendered, and shall be returnable to the first day of the next succeeding |