posing First District. CHAPTER 27. CONGRESSIONAL DISTRICTS. 1. What to constitute First Dis- 2. What to constitute Second trict. District. SECTION 1. The counties of Escambia, Santa Rosa, Walton, Counties com Holmes, Washington, Jackson, Calhoun, Franklin, Liberty, Gadsden, Wakulla, Leon, Jefferson, Taylor, Lafayette, Levy, Hernando, Hillsborough, Manatee, Polk, and Monroe shall form the First Congressional District. (a) Counties com District SEC. 2. The counties of Madison, Suwannee, Hamilton, Coposing Second lumbia, Alachua, Bradford, Baker, Nassau, Duval, Clay, St. Johns, Putnam, Sumter, Marion, Volusia, Orange, Brevard, and Dade shall form and constitute the Second Congressional District. (a) Constables. To give bond. Powers in serving process. CHAPTER 28. CONSTABLES. 1. Constables, number for each county; how elected. 2. Required to give bond. 3. Power in serving process. 5. Duty of Constables on resignation or removal from office. 6. Fees of Constables. 7. When paid by State and when by county. SECTION 1. A Constable shall be elected by the registered voters in cach county for every two hundred registered voters; but each county shall be entitled to at least two Constables, and no county shall have more than twelve Constables. They shall perform such duties, under such instructions, as shall be prescribed by law. (a) SEC. 2. It shall be the duty of every Constable, before he enters upon the duties of his office, to give bond with two good and sufficient securities, to be approved of by the Judge of the County Court, payable to the Governor, in a sum not less than five hundred nor more than fifteen hundred dollars, and said bond shall be filed in the clerk's office of the Circuit Court in the several counties of this State. (b) SEC. 3. Constables shall be permitted to serve process and transact business in any district in the county in which they respectively reside; but no Constables shall be allowed greater (a) Secs. 1 and 2, Chap. 3310, Act of March 4, 1881. (a) Sec. 20, Art. 6, Const. of 1868. fees for traveling than he would be entitled to, provided he resided in the district in which the said business is done; and in all cases the mileage shall be calculated from the place of holding courts in the district. (c) ing process. SEC. 4. It shall be the duty of the Constables in the several Duty as to serv counties to serve all summonses and warrants, and levy all ing and returnexecutions placed in their hands, agreeably to the tenor thereof, and to make due returns of the same to the court to which they may be made returnable; and if any Constable shall fail to pay over money collected by him on any execution or other process, to the person entitled to receive the same on demand, he shall be liable to a penalty of twenty-five per cent. upon the amount so collected for such failure; and it shall be the duty of the Justice of the Peace who issued said execution or other process, at the ensuing term of his court, upon application of the plaintiff, and upon his making it appear that said Constable has received the amount of said execution or other process, or any part thereof, and has failed to pay over the same on demand, to issue an execution against said Constable and his securities for the same, together with the penalty herein prescribed; which execution shall be levied, and the money raised, by some other Constable of the county, out of the property of said defaulting Constable and his securities. (c) moval. SEC. 5. Whenever any Constable resigns or is removed from Duty on resig office, it shall be his duty to deposit all his papers and unfin- nation or reished business in the court to which the same is made returnable; and if any Constable going out of office shall fail to deposit his papers and unfinished business as aforesaid, he and his securities shall be liable to the action of any person injured by such failure; and if any Constable shall die, it shall be the duty of his executor or administrator to deposit his papers as aforesaid, and the Justice of the Peace in whose court the said papers and unfinished business are deposited shall cause the same to be acted upon and closed by another Constable of said county. (d) SEC. 6. The fees of Constables shall be the same as are allowed Fees of Consheriffs of the counties for like services. (e) stables. When fees paid SEC. 7. All costs and fees prescribed in this law in cases of misdemeanor shall be paid by the county, and in all cases of fel- by State and ony by the State. (f) (e) Secs. 41 and 42, Act of Nov. 21, 1828. (e) Sec. 4, Chap. 3106, Act of March 7, county. Contracts which must be written and to be charged. CHAPTER 29. CONTRACTS THAT MUST BE IN WRITING. 1. Contracts, which must be written and signed by party to be charged. 2. Contracts for the sale of personal property. 3. Contracts appertaining to agricultural, lumber, rafting and milling, how to be executed. 4. Penalty for failing or refusing to fulfill contract. 5. Employee to be ejected from premises on failure. 6. Penalty for employee violating his contract; appeal. 7. Person not liable to pay for newspaper unless ordered in writing. SECTION 1. No action shall be brought whereby to charge any executor or administrator upon any special promise, to answer or pay any debt or damages out of his own estate, or signed by party whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, or to charge any person upon any agreement made upon consideration of marriage, or upon any contract for the sale of lands, tenements, or hereditaments, or of any uncertain inter1 Fl., 281-301. est in, or concerning them; or for any lease thereof for a longer term than one year, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized. (a) Contracts for 3 Fla., 298. SEC. 2. That no contract for the sale of any personal propthe sale of per- erty, goods, wares, or merchandise, shall be good, unless the sonal property. buyer shall accept the goods or part of them so sold, and actually receive the same or give something in earnest to bind the bargain, or in part payment, or some note or memorandum in writing of the said bargain or contract be made, and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized. (a) (1) 4 Fla., 360. 8 Fla., 34. 1 Fla., 63. 7 Fla., 329. writing, &c. SEC. 3. All contracts appertaining to all agricultural, lumber, persons to be in rafting and milling business, shall be made in writing and be fully explained to parties contracted with, before two credible witnesses, which contract shall be in duplicate, one copy to be retained by the employer and the other filed with some judicial officer of the State and county in which the parties may be residing at the date of the contract, with the affidavit of (a) Secs. 10 and 11, Act of Nov. 15, 1828. (1) For construction of contracts, see 4 Fla., 404. 418; 5 Fla., 395, 478; 6 Fla., 555; 8 Fla., 435; 9 Fla., 9, 10; 10 Fla., 134, 146; 8 Fla., 214; 10 Fla., 179; 12 Fla., 478, 543; 14 Fla., 565. For construction as to delivery, see 3 Fla., 27; 7 Fla., 329; concealment of facts, 3 Fla., 134; 5 Fla., 478. fulfill contract, one or both witnesses, setting forth that the terms and effect of such contract were fully explained, and that he, she or they had voluntarily entered into and signed the contract, and no contract shall be of any validity against any person unless so executed and filed: Provided, That contracts for service or labor may be made for less time than thirty days by parol. (b) SEC. 4. When any person shall enter into a contract as Persons failing aforesaid, to serve as a laborer for a year, or any other spec- or refusing to ified term, on any farm or plantation in this State, if he shall how dealt with. refuse or neglect to perform the stipulations of his contract by willful disobedience of orders, wanton impudence, or disrespect to his employer or his authorized agent, failure or refusal to perform the work assigned to him, idleness, or abandonment of the premises or the employment of the party with whom the contract was made, he or she shall be liable, upon the complaint of his employer, or his agent, made under oath before any Justice of the Peace of the county, to be arrested and tried before the Circuit Court, and upon conviction shall be subject to all the pains and penalties prescribed for the punishment of vagrancy: Provided, That it shall be optional with the employer to require that such laborer be remanded to his service, instead of being subjected to the punishment aforesaid: Provided, further, That if it shall on such trial appear that the complaint made is not well founded, the court shall dismiss such complaint, and give judgment in favor of such laborer, against the employer, for such sum as may appear to be due under the contract, and for such damages as may be assessed by the jury. (b) tract. SEC. 5. When any employee as aforesaid shall be in the oc- Employee to be cupancy of any house or room on the premises of the employer ejected from premises on by virtue of his contract to labor, and he shall be adjudged to failure to comhave violated his contract; or when any employee as aforesaid ply with conshall attempt to hold possession of such house or room beyond the term of his contract, against the consent of the employer, it shall be the duty of the Judge of the Circuit Court, upon the application of the employer and due proof made before him, to issue his writ to the sheriff of the court, commanding him forthwith to eject the said employee and to put the employer into full possession of the premises: Provided, Three days' previous notice shall be given to the employee of the day of trial. (b) SEC. 6. If any person employing the services or labor of another under contract entered into as aforesaid, shall violate his contract by refusing or neglecting to pay the stipulated wages or compensation agreed upon, or any part thereof, or by turning off the employee before the expiration of the term, unless for sufficient cause, or unless such right is reserved by the contract, the party so employed may make complaint thereof before a Justice of the Peace or Judge having jurisdiction thereof, (b) Secs. 1, 2 and 3, Chap. 1470, Act of Jan. 12, 1866, as amended by Secs. 1 and 2, Chap. 1551, Act of Dec. 13, 1866. Employer violating his conings against. tract-proceed Appeal. No person liable who shall at an early day, on reasonable notice to the other party, cause the same to be tried by a jury to be summoned for the purpose, who, in addition to the amount that may be proved to be due under the contract, may give such damages as they in their discretion may deem to be right and proper, and the judgment thereon shall be a first lien on the crops of all kinds in the cultivation of which such laborer may have been employed: Provided, That either party shall be entitled to an appeal as in other cases. (c) SEC. 7. No person or persons shall be liable to pay for any to pay for news- newspaper or newspapers, any periodical or periodicals, or any paper unless document or documents, unless he, she or they shall subscribe therefor or order the same in writing. (d) ordered in writing. Conveyances to defraud cred CHAPTER 30. CONVEYANCES-FRAUDULENT. 1. A conveyance of any kind, made to defraud creditors, void; proviso as to certain bona fide conveyances. 2. Conveyances of any kind to defraud purchasers to be void; proviso as to bona fide transactions. 3. Conveyances of uses, &c.. with clause of revocation declared void as against subsequent sales. 4. Loan of chattels for two years void as against creditors and purchasers. SECTION 1. Every feoffment, gift, grant, alienation, bargain, sale, conveyance, transfer and assignment of lands, tenements, itors made void. hereditaments, and other goods and chattels, or any of them, or any lease, rent, use, common or other profit, benefit or charge whatever, out of lands, tenements, hereditaments, or other goods and chattels, or any of them, by writing or otherwise, and every bond, note, contract, suit, judgment, and execution, 5 Fla., 9-305-478. which shall at any time hereafter be had, made, or executed, 4 Fla., 217. 6 Fla., 62. 10 Fla., 258. 13 Fla., 17. 16 Fla.. 119. 4 Fla., 87-284. 9 Fla., 86-464. 4 Fla., 474. contrived, or devised, of fraud, covin, collusion, or guile, to 15 Fla., 323-298. the end, purpose, or intent to delay, hinder, or defraud creditors or others of their just and lawful actions, suits, debts, accounts, damages, demands, penalties, or forfeitures, shall be from henceforth, as against the person or persons, or body politic or corporate, his, her, or their heirs, successors, executors, administrators, and assigns, and every of them, so intended to be delayed, hindered, or defrauded, deemed, held, adjudged, and taken, to be utterly void, frustate, and of none effect; any pretence, color, feigned consideration, expressing of use, or 5 Fla., 430. (c) Sec. 4, Chap. 1470, Act of Jan. 12, 1866, as amended by Sec. 1, Chap. 1551, Act of Dec. 13, 1866. (d) Sec. 1, Chap. 379, Act of Jan. 2, 1851. |