Order of sequestration. Receiver. Garnishment. Service, personal or by publication. Answer of garnishee. Judgment by garnishee. ment shall exist against any corporation chartered under the laws of this State, or doing business within its limits, and an execution issued thereon cannot be satisfied in whole or in part, for want of property of the defendant subject to levy and sale out of which to satisfy the same, upon the petition of the judgment creditor, or of his agent or attorney, the judge of the circuit court within whose circuit such corporation may have been doing business, or in which any of its effects are to be found, may by order sequestrate the property, things in action, goods and chattels of such corporation, for the purpose of enforcing such judgment, and may appoint a receiver for the same, and the receiver so appointed shall be subject to the rules prescribed by law for receivers of the property of other judgment debtors. SEC. 2. After the issuing or return of an execution against the property of a defendant corporation, upon the affidavit of the judgment creditor, his agent or attorney, that he has reason to believe, and does believe, that any person or corporation has property, moneys or effects of such defendant, or is indebted to such defendant in an amount exceeding ten dollars, the judge may, by an order in the nature of a writ of garnishment, require such person or corporation to appear at a specified time and place, and answer concerning the same; and the judge may direct in what manner, whether personally or by publication, such order shall be served upon the garnishee therein named. The said garnishee, at the time and place designated in said order therefor, shall appear before such judge and answer under oath in writing, or in response to interrogatories, whether he or she is indebted to said defendant corporation, and in what sum or sums, andwhat goods, moneys, chattels or effects of said defendant he or she has in his or her hands possession or control, or had at the time of receiving any notice of the institution of said proceedings; or if he or she was indebted to the said defendant, and in what sum or sums, at the time of receiving such notice; and whether he or she knows of any other person or persons, or corporation, who is or are indebted to such defendant, or who may have any of the effects of said defendant. SEC. 3. On the failure of such garnishee, after being duly no default against tified, to appear and answer, as required by said order, it shall be the duty of the judge to give judgment by default against such garnishee for the whole amount of the plaintiff's judgment against said corporation, or for so much thereof as remains unsatisfied, and award execution against the property of the garnishee for the amount thereof. Execution. Creditor may traverse answer. Trial. SEC. 4. If the judgment creditor shall be dissatisfied with the answer which may be made by the garnishee, he may traverse the same or any part thereof; whereupon it shall be the duty of the judge himself to determine the issue or issues of fact involved in said answer and traverse (the parties assenting thereto;) or in the absence of such assent, to require the same to be determined by a referee or by a jury; and if the finding shall be against the garnishee, the judge shall grant judgment in the same manner Judgment. against the garnishee as if the facts found had been confessed by him or her in his or her answer, or in his or her examination, with the costs thereon. If the finding shall be in favor of the gar- Costs. nishee, he or she shall recover costs against the plaintiff. SEC. 5. Upon the coming in of the answer of the garnishee confessing indebtedness to the defendant, or the possession of money belonging to the defendant, or the possession of property or effects so belonging, the judge shall at once render judgment against said garnishee for the amount of the money or indebted ness thus confessed or admitted, for which execution may forthwith issue; and upon the property or effects of the defendant so admitted to be in the hands of the garnishee, the plaintiff's original execution may be levied; and the same may be sold as in other cases, and the cost of the garnishment proceedings shall be paid out of such effects. Proceedings on confession of indebtedness or pos session of property. for attendance SEC. 6. The garnishee or garnishees may, at the discretion of Compensation the judge, be allowed reasonable satisfaction for his or her attend- to garnishee ance, out of the effects in his or her possession, or if there be no &c. such effects, against the plaintiff. SEC. 7. All property in the hands of such garnishee, belonging to any such defendant at the time of serving such process of garnishment, shall be bound by such process. Approved February 17, 1872. CHAPTER 1871.-[No. 9.] AN ACT entitled an act to amend Section 234 of An act to Simplify and Abridge the Practice, Pleadings and Proceedings in the Several Courts of this State, approved February 19, 1870. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. That section 234 of an act entitled An act to simplify and abridge the practice, pleadings and proceedings in the several courts of this State, approved February 19, 1870, be amended and enacted so as to read as follows: SEC. 234. Form of the Execution. The execution must be is- Form of sued by the clerk, directed to the sheriff, or coroner, when the execution. sheriff is a party or interested, and must intelligibly refer to the judgment, stating the court, the county where the judgment roll or transcript is filed; the names of the parties, the amount of the judgment, if it be for money, and the amount actually due thereon, and the time of docketing in the county to which the Act to take effect. Who to make order for arrest. execution is issued; and shall require the officer substantially as follows: 1. If it be against the property of the judgment debtor, it shall require the officer to satisfy the judgment out of the personal property of such debtor, and if sufficient personal property cannot be found, out of the real property belonging to him on the day when the judgment was docketed in the county, or at any time thereafter. 2. If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the officer to satisfy the judgment out of such property. 3. If it be against the person of the judgment debtor, it shall require the officer to arrest such debtor and commit him to the jail of the county until he shall pay the judgment, or be discharged according to law. 4. If it be for the delivery of the possession of real or personal property, it shall require the officer to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may at the same time require the officer to satisfy any costs, damages or rents and profits recovered by the same judgment, out of the personal property of the party against whom it is rendered, and the value of the property for which the judgment was recovered to be specified therein. If a delivery thereof cannot be had, and if sufficient personal property cannot be found, then out of the real property belonging to him on the day when the judgment was docketed, or any time thereafter; and shall, in that respect, be deemed an execution against property. SEC. 2. This act shall not go into operation until sixty days after its approval. Approved February 17, 1872. CHAPTER 1872.-[No. 10.] A bill to be entitled An act to amend "An act to Simplify and Abridge the Prac tice and Pleadings and Proceedings of the Courts of this State," approved February 19, 1870. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. That section 130 of an act entitled "An act to Simplify and Abridge the Practice, Pleadings, and Proceedings of the Courts of this State," approved February 19, 1870, be, and is hereby, amended so as to read as follows: An order for the arrest of the defendant must be obtained from the judge of the court in which the action is brought, or from the judge of the county court of the county where the defendant may be at the time of the application for said order. Approved February 2, 1872. CHAPTER 1873.—[No. 11.] AN ACT Regulating the Practice in Writs of Prohibition. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SEC. 1. The practice in the civil Practice. courts of this State having jurisdiction to issue writs of prohibition shall be as follows: The plaintiff or plaintiffs shall file a Suggestion. suggestion stating the nature of the case, and the proceedings in the inferior court, tribunal, or body presuming to exercise jurisdiction sought to be prohibited, concluding with a prayer for judgment, and that the State's writ of prohibition may be granted in that behalf. When the matters suggested appear on the face of the proceedings of the inferior court, then a transcript Transcript of of the record of all of the proceedings in the case duly certified record. shall accompany the suggestion, and where the matters suggested are not matter of record, then the truth thereof shall be verified by affidavit of the party instituting the proceedings, his Affidavit. or their agent, or attorney at law or in fact. SEC. 2. Upon the filing of the suggestion, the court, if in its Rule to injudgment a prima facie case is made, shall grant a rule directed ferior court. to the inferior court and to the parties plaintiff in the suit therein pending, to show cause why the writ of prohibition should not issue as prayed for. Such rule shall be a supersedeas, and shall Supersedeas. be served upon the inferior court, and the parties to whom it is directed, at such time as the court may direct, and an answer or Answer. return shall be made thereto by the inferior court and the par ties at the time prescribed in the rule. In case of failure to make Attachment. such answer or return, it may be enforced by attachment for contempt. after answer. SEC. 3. Upon the filing of the answer or return, the person Pleadings prosecuting the writ may reply, take issue, or demur to the matters relied upon by such defendants, and the like proceedings (except in the matter of notices of motions and of the hearing) shall be had for the trial of issues of law or fact joined between Trial. the parties as in personal actions. default of answer. SEC. 4. In case of default of the parties in making an answer Hearing in or return, the party prosecuting the writ may, instead of compelling an answer by attachment, have a hearing upon the matter of the suggestion; and the court, after hearing the proof Judgment. shall render judgment either that a prohibition absolute do issue restraining the court and the parties from proceeding in such action or matter, or that the proceedings be dismissed, in which last event a copy of the judgment of dismissal shall be certified to the inferior court. SEC. 5. In cases arising in the circuit court, all of the proceed- Cases arising ings, including the final judgment, may be had before the judges, in circuit either during term or in vacation, and the courts before which court. Jury. Service on attorneys in certain cases. such proceedings in prohibition are instituted shall have power to summon a jury, in case it is necessary, in such manner as they deem proper. SEC. 6. In all cases in which the plaintiffs in the inferior court are non-residents of the county in which the action or matter is pending, service of the rule may be made upon their attorneys at law in the pending suit or controversy, or in such manner as may be prescribed by the court. Approved February 2, 1872. Proceedings by AttorneyGeneral. Parties. Petition. Proceedings Judgment. CHAPTER 1874.-[No. 12.] AN ACT in Relation to the Proceedings upon Writs of Quo Waranto, Informations in the Nature of Quo Waranto, or Civil Actions Instituted to Obtain the Remedies Obtainable by such Proceedings. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. That in all proceedings upon writs of quo waranto, information in the nature of such writs or civil actions instituted to obtain the remedies obtainable by such proceedings, where the Attorney-General institutes the action and does not make all the persons claiming the title to the office parties, then, and in that case, it shall be within the power of the court to make parties defendant of all persons so claiming the office and not made parties by the Attorney-General: Provided, That the said persons so desiring to be made parties shall be required to set forth by petition under oath a prima facie case of right and title to the office before the court can be required to make the order, and to give security to the satisfaction of the court for the payment of all costs which may be awarded against him. SEC. 2. That any person claiming title to an office which is exercised by another shall have the right, upon refusal by the Attorney-General, to institute proceedings in the name of the State upon such claimant's relation, or upon the Attorney-General's refusal to file a complaint setting forth his name as the person rightfully entitled to the office, to file on information, or institute an action in the name of the State against the person exercising the office, setting up his own claim. In this case the court is authorized and required in any and all events to determine the right of the claimant to the office if he so desires: Provided, however, That in this, as well as in all other proceedings of this character, no person shall be adjudged entitled to hold an office except upon full proof of his title to the office. SEC. 3. In all cases where an individual institutes an action without the consent of the Attorney-General, the judgment shall |