Claim, bond to SEC. 28. Whenever a person who has interposed a claim to property levied by execution, and given bond to the plaintiff in execution, shall neglect or refuse to deliver the property to the sheriff or other officer levying said execution, according to the terms and condition of the bond, said bond shall have the force and effect of a judgment, and the clerk of the court in which Execution may such bond is filed, or Justice of the Peace, may issue execution issue thereon, and for what amount. against the obligors in said bond for the amount of the debt, if sufficient property was levied upon, and if not sufficient, then for the amount of the value of the property as assessed by the sheriff or officer levying the execution: Provided, nevertheless, That the obligors shall have the power to arrest said execution, by making affidavit that they believe that the value of the exceeds value property so assessed by the sheriff or officer levying the execution, exceeds the market value of the property; which said issue shall be tried by a jury summoned for such purpose by the court issuing the execution. (w) Affidavit and issue where assessment of property. Order of CHAPTER 103. EXECUTIONS AGAINST CORPORATIONS. 1. Whenever judgment exists traverse answer of garnishee; trial against a corporation, how orderof sequestration to be made; receiver may be appointed. 2. Garnishment, when and how allowed; service personal, or by publication; when and how garnishee to answer. 3. When judgment by default may be entered against garnishee; execution may issue against him. 4. Judgment creditor allowed to upon such issue; judgment upon same; against whom costs awarded. 5. Proceedings on confession of indebtedness or possession of property. 6. Compensation allowed garnishee. 7. All property in hands of garnishee bound from time of serving process of garnishment. SECTION 1. Whenever a judgment shall exist against any sequestration. 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 (w) Sec. 1, Chap. 721. Act of Dec. 14, 1855. corporation, for the purpose of enforcing such judgment, and may appoint a receiver for the same, and the receiver so ap- Receiver. pointed shall be subject to the rules prescribed by law for receivers of the property of other judgment debtors. (a) Service, per publication. SEC. 2. After the issuing or return of an execution against Garnishment. 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 sonal 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 Answer of 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, and what 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. (a) garnishee. default against SEC. 3. On the failure of such garnishee, after being duly Judgment by notified, to appear and answer, as required by said order, it garnishee. 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 Execution. remains unsatisfied, and award execution against the property of the garnishee for the amount thereof. (a) traverse SEC. 4. If the jugdment creditor shall be dissatisfied with Creditor may 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 Trial. 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 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 garnishee, he or she shall recover costs against the plaintiff. (b) SEC. 5. Upon the coming in of the answer of the garnishee (a) Secs. 1, 2 and 3, Chap. 1870, Act of Feb. 17. 1872. (b) Sec. 4, Chap. 1870, Act of Feb. 17, 1872. Judgment. Costs. confession of Proceedings on confessing indebtedness to the defendant, or the possession of indebtedness or money belonging to the defendant, or the possession of proppossession of erty or effects so belonging, the Judge shall at once render property. judgment against said garnishee for the amount of the money or indebtedness 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. (b) SEC. 6. The garnishee or garnishees may, at the discretion Compensation to garnishee for of the Judge, be allowed reasonable satisfaction for his or her attendance, &c. attendance out of the effects in his or her possession; or if there be no such effects, against the plaintiff. (b) What property bound. 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. (b) CHAPTER 104. EXEMPTIONS. 1. What to constitute a home- 2. Additional exemption. 5. What property exempt from 12. Proceedings when there has been a levy before property is selected for homestead. 13. Proceedings when creditor is dissatisfied with property selected as exempt; party claiming exemption not required to take certain lands; penalty for violation of this law. 14. Disposition of property not 6. Property exempt, how to le set off as exempt. appraised; exceptions. 7. What property of farmers to be exempt; property of fishermen exempt. 8. Property exempt disposable and inheritable. 15. Household interests exempt. 16. What property exempt after death of owner; extent of exemption. 17. Proceedings when personal property exempt is levied upon: 9. Lands located under county fees of Appraisers, warrant exempt. 10. Vested rights. 11. Statement of exempted property to be filed in office of County Judge. 18. Manner of selection of property after completion of inventory. 19. Exemptions may be made subject to a bill in equity. 20. Property exempted not to be (b) Secs. 5, 6 and 7, Chap. 1870, Act of Feb. 17, 1872. alienated without permission. 22. Insurance of person to enure to benefit of children; proceeds of insurance not liable to garnish ment. 23. Wages of laboring men exempted. 24. Defence to attachment in such cases, how made; what affidavit to be made. SECTION 1. A homestead to the extent of one hundred and Home: tead sixty acres of land, or the half of one acre within the limits exemptions. of any incorporated city or town, owned by the head of a family residing in this State, together with one thousand dollars' worth of personal property, and the improvements on the real estate, shall be exempted from forced sale under any process of law, and the real estate shall not be alienable without the joint consent of husband and wife, when that relation exists. But no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon, or for house, field or other labor performed on the same. The exemption herein provided for in a city or town shall not extend to more improvements or buildings than the residence and business house of the owner. (a) 15 Fla., 336. exemptions. SEC. 2. In addition to the exemption provided for in the Additional first section of this chapter, there shall be and remain exempt from sale by any legal process in this State, to the head of a family residing in this State, such property as he or she may select to the amount of one thousand dollars; said exemption in this section shall only prevent the sale of property in cases 14 Fla., 460. where the debt was contracted, liability incurred or judgment obtained before the 10th day of May, A. D. 1865. Nothing herein contained shall be so construed as to exempt any property from sale for the payment of the purchase money of the same, or for the payment of taxes or labor. (a) 15 Wall., 610, to heirs. SEC. 3. The exemptions provided for in Sections 1 and 2 of Exemptions this chapter shall accrue to the heirs of the party having en- shall accrue joyed or taken the benefit of such exemption; and the exemption provided for in Section one of this chapter shall apply to 14 Fla., 450. all debts, except as specified in said section, no matter when 15 Fla., 424-17or where the debt was contracted, or liability incurred. (a) 406.. SEC. 4. The property hereafter mentioned shall be exempted Property exfrom levy and sale. The necessary wearing apparel and bed- empted from levy and sale. ding of every person, and the necessary wearing apparel, bedding, household and kitchen furniture of every family: Provided, Said household and kitchen furniture does not exceed in value two hundred dollars, shall be exempted from execution, attachment and distress. (b) SEC. 5. The following property may be claimed as exempt Property exfrom execution, attachment and distress, except in cases here-empt from (a) Secs. 1, 2 and 3, Art. 9, Const. of 1868. (b) Sec. 1, Chap. 1481, Act of Jan. 16, 1866. execution, &c. inafter provided. The horse, saddle and bridle, or the horse, saddle, vehicle and harness, of every clergyman, not exceeding in value three hundred dollars; the horse, saddle, bridle, medicine and professional books and instruments of every surgeon and physician, and the professional books and libraries of all professional men, not exceeding three hundred dollars in value; one set of working tools or instruments of every mechanic, artist, dentist, artisan or tradesman, not exceeding in value three hundred dollars; the horse and gun, not exceeding in value two hundred dollars, belonging to every farmer who is in actual cultivation of five or more acres of land within this State. Every actual housekeeper with a family may claim as exempt such portion of his property as may be necessary for the support of himself and family, not to exceed in value three hundred dollars, thereby waiving claim to all right to other exemption of property afforded by this section: Provided, That in all the cases before stated the defendant is not removing out of the State nor resides beyond the limits thereof, nor is removing his property beyond the limits of the same, nor is secreting or fraudulently disposing of his property for the purpose of avoiding the payment of his just debts: And provided, also, The defendant shall make affidavit and establish by sufficient testimony that he has made a faithful and complete statement of all his property, in trust or otherwise, of all moneys, debts or demands due or to become due, which statement shall be signed by him, and with the affidavit and testimony accompanying the return of the property; every dwelling house, and the lot on which it stands, in any city, town, or Property in cities or towns. village of this State, when the owner or his family shall actually reside in said house, and when the house and lot shall not exceed in value one thousand dollars, subject to the provisions and conditions in this section. (b) Proviso. Statement of amount of property. SEC. 6. When an exemption is claimed under the foregoing Property, how section, the officer having such execution, writ of attachment, appraised. or warrant of distress, shall summon three disinterested housekeepers to value the property of the defendant, which valuation shall be sworn to and signed, and shall be conclusive : Provided, That nothing contained in sections four, five and six, shall exempt any of the property therein mentioned from execution, attachment and distress for a violation of any of the criminal laws of the State, fines imposed by a court martial, or for non-performance of road duty, or for taxes due on the same for county or State purposes. (b) Exceptions. erty exempt. SEC. 7. Every farmer seized and possessed of forty acres of Farmers' prop- land in his own right in fee simple, and who shall actually have in cultivation or productive use at least five acres of the same, shall hold the said forty acres free and exempt from execution, attachment and distress, except for a violation of the criminal laws of the State, or fines imposed by a court martial, road (b) Secs. 2 and 3, Chap. 1481, Act of Jan. 16, 1835. |