Oath of the arbitrators. and the award shall have the force and effect of a judgment of a Justice of the Peace. (a) SEC. 6. The arbitrator or arbitrators, or umpire appointed as aforesaid, shall, before entering upon the investigation of the matters submitted to them, be severally sworn or affirmed before some judge or Justice of the Peace faithfully and diligently to execute the trust committed to them by the submission; and the examination of all witnesses before the said arbitrator, arbitrators or umpire shall be under oath or affirmation, and if the parties themselves be examined such examination shall also be under oath or affirmation, and in the presence of each other; and the said arbitrators, or either of them, Power and duty shall be and they are hereby authorized and empowered to issue subpoenas to compel the attendance of witnesses, under the same regulations as the clerks of the several courts of this State, 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 State. (a) of arbitrators. Fees of arbitrators. Fees of witnesses. For what causes set aside. Exception, how to be made. Trial of exception. SEC. 7. 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 entering thereof, unless otherwise directed by the award. (a) SEC. 8. All witnesses obeying the said subpoena of the arbitrators shall be allowed the same compensation, and entitled to the same privileges, as if summoned by the clerk of any court of record. (a) SEC. 9. No award of any arbitrator or arbitrators duly appointed, made pursuant to the said submission, shall be set aside by the said court except on the ground of fraud, corruption, gross negligence or misbehavior of one or more arbitrators or umpire, or of evident mistake acknowledged by the arbitrators or umpire who may have signed the award. (a) SEC. 10. Any party feeling himself aggrieved by any award made a rule of court as aforesaid, and conceiving that he has just ground to set aside said award, may apply to the court for that purpose by motion 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 be made to set aside said award; and if the award be made during the term of the court, and there be sufficient time before 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. (a) SEC. 11. The court in which any motion may be made to set aside any award made as aforesaid shall require affidavit of the (a) Secs. 12 and 7, Act of November 17, 1828. (a) Secs. 10, 11, 3 and 4, Act of November 17, 1828. facts constituting the ground on which the motion is made, and shall also, if offered, receive affidavits on the other side, but no parol testimony shall be admitted on either side. (a) SEC. 12. If no motion be made to set aside any award made Judgment on as aforesaid it may be entered of record at the ensuing term of the award. said court, during the term thereof, an so much of the said award as decrees the payment of money by either party shall have the force and effect of a judgment duly docketed from the day of entering said award, upon which execution may be issued as in cases of judgment duly entered; and so far as the said award relates to the performance of any other lawful act, the party failing to comply with said award shall be considered in contempt, and, by the order of the court, shall be committed to prison, there to remain without bail or mainprize until he shall comply with the order of the court in the premises. (a) CHAPTER 6. ARCHIVES (SPANISH.) 1. Where offices of Spanish archives to be kept. furnish translations of documents 2. Keepers of archives, how to verting correctness of translabe appointed. 3. Keepers to give bonds. 4. Keepers of archives to demand and receive certain documents and papers from the United States. 5. Keepers of archives to have seals of office. 6. When keepers of archives to tions. 7. Keepers may appoint depu- 8. Fees of keepers of archives. 10. F. E. de la Rua appointed SECTION 1. There shall be an office in the city of St. Augus- Spanish artine, in the county of St. Johns, and in the city of Pensacola, chives office in the county of Escambia, which shall be called and styled "the Spanish Archive Office," in which shall be placed and kept all the Spanish and other records and documents which now are, or formerly were, in similar offices, created by act of Congress in said cities, and which were delivered at the cxchange of flags by the Spanish Government to the offices of the United States at that time in said cities. (a) SEC. 2. It shall be the duty of the Governor, by and with Appointment the advice and consent of the Senate, during the session of the of keepers of. Fourth General Assembly, and at each regular succeeding ses (a) Secs. 5 and 6, Act of November 17, 1828. (a) Sec. 1, Chap. 281, Act of January 11, 1849. Bond to be given. What shall be the records, documents and papers in charge of keepers elected under this act. sion thereof, to appoint keepers of public archives, to fill the offices established by the above section, and said officers shall hold their offices for the term of two years, and until their successors shall be qualified. (a) SEC. 3. The said keepers of said archives shall each give bond and security to the Governor of Florida, and his successors, in the sum of five thousand dollars, to be approved of by the Judge of Probate of their respective counties, for the safe keeping and preservation of said archives, and for the faithful performance of the duties of their respective offices, and the faithful translation of such of the documents from said office as they may be called upon to translate, and for the delivering up the records and other writings and things belonging to the said office, whole, safe, and undefaced, to his successor in the said office, which said bond shall be filed and recorded in the office of the Clerk of the Circuit Court in said county. (a) SEC. 4. So soon as the Congress of the United States shall provide for the transferring and turning over to this State the Spanish records and documents which are now, or which have been, in the offices of the keepers of the public archives in the said cities of St. Augustine and Pensacola, under act of Congress of 3d March, A. D. 1825, creating those offices, that then it shall be the duty of the person elected under the provisions of this law, as keeper of archives in the city of St. Augustine, to ask for, demand, and receive from the United States, or from any person in charge or possession thereof, the records, documents, and papers, which now are, or have been at any time in the office, which was created by the Congress of the United States, by an act passed 3d March, A. D. 1825, called the public archives in said city, and to receipt for the same. And it shall be the duty of the person elected under the provisions of this law, as keeper of archives in the city of Pensacola, to ask for, demand, and receive from the United States, or from any person in charge or possession thereof, the records, documents, and papers, which now are, or have been at any time, in the office which was created by the act of Congress of the United States, dated the 3d March, A. D. 1825, aforesaid, called the public archives in said city, and to receipt for the same, which said documents, records, and papers, and such others as shall, from time to time, be placed in either of said offices by law, shall constitute the documents, records, and other papers, under the charge of said keepers of said archives. (a) SEC. 5. That the said keepers of said archives shall provide Seal of office to themselves with a seal of office, and shall make out and deliver be provided. to individual applicants copies, certified under hands and seals, of any documents in their said offices-which said copies thereof, duly certified under the hand and seal of office, of the officer in charge of the same, to be a true and correct copy of the original on file or of record in his office, shall, in all cases, and in (a) Secs. 2, 3 and 4, Chap. 281, Act of January 11, 1849. all courts and places, be admitted and received in evidence, in the same manner and with the like force and effect as the original thereof might or may be: Provided, always, That nothing herein contained shall be so construed as to prevent any court or judge before whom such copies may be offered in evidence, from requiring the party offering the same to produce or account for the original of such copy, if the same shall be deemed necessary or proper for the attainment of justice. (a) furnished or SEC. 6. That said keepers of said archives shall, upon the application of an individual, translate into English in writing Copies to be any of the copies of documents which he has certified under application. the provisions of this law, and shall annex the translation to the document so translated-which said translation, duly certified under the hand and seal of office of the officer translating the same, to be a true and correct translation of the document annexed, shall, in all cases, and in all courts and places, be admitted and received in evidence: Provided, always, That nothing herein contained shall be so construed as to prevent any person interested from controverting the correctness of said translation. (a) SEC. 7. The said keepers of said archives shall have the Deputy. power respectively of appointing a deputy, for whose acts, as such, they, the said officers, shall be held liable. (a) cop ers. SEC. 8. Said keepers of said archives shall be entitled to Fees of keepcharge, demand, and receive the following fees, viz: For ies of any documents in their said offices, of one hundred words or less, fifty cents-if more than one hundred, at the rate of twenty cents for every subsequent hundred; for every certificate and seal thereto, fifty cents; for every search, twelve and a half cents; for the translation of any document of one hundred words or less, fifty cents-if more than one hundred words, at the rate of twenty cents for every subsequent hundred. (a) SEC. 9. The keepers of said archives shall be required to office hours. keep their offices open from nine o'clock A. M. until four P. M., Sundays excepted. (a) SEC. 10. Filo E. de la Rua, of the county of Escambia, be F. E. de LaRua and he is hereby authorized to hold, exercise and perform the appointed Keeper of duties of the office of keeper of the Spanish archives at the Archives. city of Pensacola, to which said office he has heretofore been appointed by the Governor and General Assembly of this State. (b) a) Sec. 5, Chap. 281, Act of January 11, 1849. (, Sec. 10, Chap. 1296, (a) Secs. 6, 7, 8, and 9, Chap. 281, Act of Jan. 11. 1849. Act of Nov. 27, 1881. When Clerk of Circuit Court CHAPTER 7. ATTACHMENT. 1. When Clerk of Circuit Court to issue writ. 22. Venue. 23. Writs of attachment, how 2. When Justice of the Peace to and when returnable. issue writ on failure of clerk. 3. When Justices of the Peace to issue writ; conditions of affidavit. 4. When writ to issue if debt is not due; affidavit. 5. When writ to issue in case of non-resident administrator, &c. 6. When writ to issue to agricultural laborer. 7. Officer may deputize another to serve writ; penalty for refusal. 8. When writs returnable to Circuit Court. 9. When attachment to issue without surety on bond. 10. When execution to issue and return to be made in judgments under this law. 11. Proceedings to be similar to other cases in attachment. 24. Pleadings to be had in attachment. 25. When notice of attachment to be given by advertisement. 26. Court always open to hear motions to dissolve attachments; jury trial to be had. 27. Suit to be dismissed if attachment be dissolved before plea. 28. Both parties have right to demand jury trial. 29. Manner of paying judgments of equal date. 30. Lien of ship chandlers, &c. ; oath and other proceedings. 31. Manner of proceeding in such cases when claim under $100. 32. Replevin allowed in such cases. 33. Name of owner of vessel 12. Writ may issue pending any need not be set forth in suing out suit. 13. When writ may be sued out if debt will be due in nine months. 14. Affidavit in such cases. 15. Plaintiff in attachment required to give bond. 16. Property may be replevied. 17. How attachment discharged. 18. Effect of levy on lands; effect of judgment on garnishee. 19. Effect of levy on personal 20. Property, how claimed. writ. 34. When attachment to issue in case of removal of mortgaged property; affidavit of mortgagee. 35. Force and effect of attachment. 36. Complainant must give bond. 37. Mortgagor may take issue on return of writ; verdict and judgment thereon. 38. Judge may order attachment to issue, in what cases; affidavit of petitioner. 39. Property so attached may be replevied; manner of making replevy. SECTION 1. It shall be lawful for any Clerk of the Circuit may issue writ. Courts of this State, to grant writs of attachment returnable |