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struction of

eggs only, or in any manner wantonly destroying the fish or Wanton deturtle on the coast of this State, or within the bounds described fish or turtle. in the first section of this chapter; any person or persons so offending shall be deemed guilty of a violation of this chapter, Penalty. and amenable to provisions contained in the fourth section for fishing without license. (b)

Franklin un

SEC. 9. The money collected under this chapter, as far as the Moneys colsame relates to the county of Franklin and the bay, harbor and lected in the rivers in said county, is hereby exclusively appropriated to the county of city of Apalachicola, for clearing out or otherwise improving der this act. the channel at said city, or for other harbor purposes; and the tax assessor and collector or the sheriff in said county, as the case may be, are hereby instructed, from time to time, to pay over said money as collected to the treasurer of said city, to be applied by the mayor and council of city as in this section provided. (b)

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SECTION 1. No person shall enter into any lands or tenements When entry but in case where entry is given by law, nor shall any person, prohibited.

(b) Secs. 9 and 10, Chap. 1121, Act of Feb. 12, 1881.

Persons enter

where entry is given by law, enter with strong hand or with multitude of people, but only in a peaceable, easy, and open manner. (a)

SEC. 2. No person who shall, without consent, enter in a ing to deliver peaceable, easy, and open manner into any lands or tenements, shall hold the same afterward against the consent of the party entitled to possession thereof. (a)

to owner.

Party dispossessed may

or

SEC. 3. If any person shall enter or shall have entered into lands or tenements in case where entry is not given by law, have summary if any person shall enter or shall have entered into any lands remedy within three years. or tenements with strong hands or with multitude of people, even in case where entry is given by law, the party turned out or deprived of possession by such unlawful, or by such forcible entry, by whatever right or title he held such possession, or whatever estate he held or claimed in the lands or tenements of which he was so dispossessed, shall at any time within three years thereafter be entitled to the summary remedy herein provided. (a)

Parties entitled

may recover.

SEC. 4. If any person shall enter or shall have entered in a to possession peaceable manner into any lands or tenements, in case such entry is lawful, and after the expiration of his right shall continue to hold the same against the consent of the party entitled to the possession, the party so entitled, whether as tenant of the freehold, tenant for years, or otherwise, shall be entitled to the like summary remedy at any time within three years after the possession shall so have been withheld from him against his consent. (a)

13 Fla., 581.

14 Fla.. 261.

16 Fla., 147-151.

Form of complaint.

To be sworn to.

SEC. 5. The party so turned out of possession, or so held out of possession, may exhibit his complaint before the Judge of the County Court of the county in which the real estate is situated, or before the Judge of the Circuit Court of the Circuit in which the real estate is situated, in the following form or to the following effect:

STATE OF FLORIDA,)

COUNTY OF

A B, of the said county, complains that C D hath unlawfully (or forcibly, as the case may be,) turned him out of and withholds possession, (or unlawfully and against his consent withholds from him the possession) of certain real estate known and described as follows, (here insert description,) containing by estimation acres of land, with the appurtenances, lying and being in the county and State aforesaid, whereof he prays restitution of possession and his damages. A B, Plaintiff. (a) SEC. 6. Every such complaint shall be verified by oath or affirmation of the plaintiff, his agent or attorney, which may be administered by any officer of this State authorized to administer oaths. (a)

SEC. 7. The Clerk of the Circuit Court or of the County Court, as the case may be, upon the filing of said complaint, shall thereupon issue a summons to the following effect:

(a) Secs. 1, 2, 3, 4, 5 and 6, Chap. 1630, Act of Aug. 14, 1888.

The State of Florida, To the Sheriff of
Greeting:

We command you to summon the county of

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County,

Forn of summons.

if he be found within personally to be and appear before the Judge of the County Court for said county, (or the Circuit Court for said county, as the case may be,) on the day in

Mon-
, being the first day of our next term, to answer
in an action wherein he prays restitution of possession
of the following real estate, with the appurtenances, viz:
and have then and there this writ:
Witness

Clerk of our said County (or Circuit, as the
A. D. 18 (b)

case may be,) Court, this the

day of

SEC. 8. If the said action is in the County Court, the clerk Venire facias. shall at the same time issue a venire facias, directed to the when to issue. sheriff of the county, commanding him to summon at least twelve good and lawful men, registered voters of his county, being freeholders and not of kin to either party, to be attendant upon the said County Court on the day of the term to which the writ is returnable, as jurors, to try the complaint aforesaid, and if the said action is returnable to the Circuit Court it shall be tried by such jurors as may be attendant at that term, and no special venire shall issue. (b)

SEC. 9. The summons aforesaid shall be made returnable to When returnathe next term of the Circuit or County Court, as the case may served. ble, and how be, and shall be served at least ten days before the first day of the term to which it is returnable, and that it shall be served as the law requires other writs or summonses to be served, except in case no person can be found at the usual place of residence of the defendant, it may be served by posting a copy in a conspicuous place on the property in the summons mentioned. (b)

had, &c.

SEC. 10. If it shall appear to the court, at the return day of Jury to be said summons, that the defendant has been duly served with said summons, agreeably to the requirements of this chapter, it shall proceed without further pleadings in writing to empanel a jury for the trial of the cause, and if a sufficient number of the venire originally summoned do not attend, then and in that case the deficiency shall be made up of bystanders, being qualified voters of the county. (b)

SEC. 11. The jury, when so empanelled, shall be sworn well Oath. and truly to try whether the defendant, at any time within three years before the filing of the complaint in this cause, did forcibly or unlawfully enter upon the property in the complaint mentioned, and turned the plaintiff out of the possession thereof, and whether the defendant continued to hold the pos session thereof at the time of filing his complaint, and you shall find a true verdict thereupon and assess such damages as may be recoverable according to the evidence. So help you God. Or if the complaint be of an unlawful detainer against the con

(b) Secs. 7, 8, 9 and 10, Chap. 1630, Act of Aug. 14, 1868.

Trial.

Verdict.

5 Fla., 318.

Evidence as to rental value.

Practice in case

plaintiff.

sent of the plaintiff, they shall be sworn as follows: You do solemnly swear that you shall well and truly try whether the defendant, against the consent of the plaintiff, wrongfully holds possession of the real estate mentioned in the complaint in this cause; whether the said defendant hath so held possession thereof, against the consent of the plaintiff, within three years next before the exhibition of the said complaint; and whether the plaintiff has the right of possession in the tenement aforesaid, and you shall find a verdict and assess such damages, as may be recoverable, according to the evidence." So help you God. (c)

SEC. 12. The jury being so sworn, the court shall, as in all other cases, admit all legal testimony, and the cause shall proceed, the court giving such instructions as the tenor of the case requires. (c)

at

SEC. 13. The form of the verdict of the jury, in the cases provided for in this law, shall be, in cases of forcible or unlawful entry, substantially as follows: We, the jury, find that the defendant did (or did not) within three years next before the filing of the complaint in this cause, forcibly (or unlawfully) enter upon the real estate in the complaint mentioned, and turn the plaintiff out of possession thereof; that the said defendant did (or did not) continue to hold the possession thereof, at the date of the said complaint, and we assess the damage dollars. Or in case of an unlawful detainer against the plaintiff's consent, then substantially as follows: We, the jury, find that the defendant did (or did not) at the time of the filing of the complaint in this cause, wrongfully hold possession of the real eslate mentioned in the complaint, against the consent of the plaintiff'; that the said defendant hath (or hath not) so held possession thereof, against the consent of the plaintiff, within three years next before the filing of said complaint; and that the plaintiff hath (or hath not) the right of possession in the real estate aforesaid, and we assess the damages of the plaintiff at dollars. (c)

SEC. 14. In the trial of all cases arising under this chapter, evidence shall be admitted as to the monthly rental value of the premises, and, in case of recovery by the plaintiff, the jury shall fix his damages at double the rental value of the premises, from the time of such unlawful or wrongful holding, as to which evidence shall be admitted: Provided, That damages in no case of detainer be fixed at more than the rental value of the premises, unless the jury be satisfied from the evidence that such detention is willful and knowingly wrongful. (c)

SEC. 15. If the verdict of the jury shall be in favor of the of verdict for plaintiff, then and in that case the court shall award a judg ment for the plaintiff that he recover possession of the property described in the complaint aforesaid, with his damages and full costs, and shall award a writ of habere facias possessionem, to

(c) Secs. 11, 12, 13 and 14, Chap. 1630, Act of Aug. 14, 1868.

be executed, without delay, and also a writ of execution for plaintiff's damages and costs as in other civil cases; and if the verdict shall be for defendant, the court shall render judgment against the plaintiff that his complaint be dismissed, and that the defendant recover full costs, and execution may issue therefor. (c)

When for defendant.

SEC. 16. If either party think himself aggrieved he shall have Appeal. a right to appeal to the Circuit Court in case the complaint is tried in the County Court, or to the Supreme Court in case the complaint is tried in the Circuit Court, with the difference, however, that in case the appeal is from the County Court to the Circuit Court, the Circuit Court shall try the case anew upon its merits and without requiring written pleadings, and in case the appeal is from the Circuit Court to the Supreme Court, then the appeal shall be prosecuted and heard as in other cases of appeal from the Circuit to the Supreme Court. (c)

SEC. 17. The party appealing shall, in case of an appeal from Traverse. the County to the Circuit Court, file with the Clerk of the County Court a traverse to this effect: A B (plaintiff or defendant, as the case may be,) says the inquisition in this case is not true, and prays an appeal to the Circuit Court; upon which the clerk of said court shall certify a copy of its record to the Circuit Court on the appellant giving bond to the appellee, with sufficient security for the payment of all costs occasioned by his appeal in case the judgment of the appellate court shall be against him, which said bond shall be approved by the Judge of said County Court: Provided, however, That an appeal shall in no case, either from the County to the Cir- When a supercuit or from the Circuit to the Supreme Court, operate as a supersedeas to the judgment on the writ of possession. (d)

SEC. 18. Upon the filing of the record in the Circuit Court, the clerk of said court shall issue a citation to the appellee, notifying him of said appeal, which shall be served by the sheriff at least ten days before the first day of the term to which the appeal is brought, and in case such service of citation is not perfected, as herein before required, then the cause shall stand for trial at the next term of the said Circuit Court, at the option of the appellee. (e)

sedeas.

Citation.

SEC. 19. In all cases of appeal from the County to the Cir- Appeal from cuit Court, an appeal shall lie from the judgment of the Cir- Circuit Court. cuit Court to the Supreme Court, as in other cases, except

that there shall be no supersedeas. (e)

SEC. 20. No question of a title, but a right of possession and of Title not damages, shall be involved in the action, and no judgment ren- involved. dered, either for plaintiff or defendant, shall bar any action of trespass for injury to the property, ejectment or writ of right between the same parties respecting the property in question,

(c) Secs. 15 and 16, Chap. 1630, Act of Ang. 14, 1868. (e) Secs. 18 and 19, Chap. 1630, Act of Aug. 14, 1868.

(d) Sec. 1, Chap. 1691, Act of Feb. 1, 1869.

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