filed. And the court or Judge may, at any time after the apWhat practice pointment of such guardian ad litem, or in the same order to be pursued making the appointment order a reference to a master of said in respect to the guardian court, who shall be charged with the duty of examining into ad item. the accounts of the complainant in the case, and to state the same, showing the receipts and disbursements, and to report the same to the court for its action and decree. The said master shall also report to the court the amount of the estate of such minor, and of what it consists, and whether in his opinion the court or Judge may safely permit the complainant to continue in the management of the estate of said minor; that the guardian ad litem may, if he deems it best, employ counsel to represent the rights and interests of the minor before the master and before the court, and the court or Judge may order an allowance to compensate the guardian ad litem and counsel when employed by him, to be paid out of the estate of the minor; that the report of the master shall be liable to exceptions as in other cases to be heard and determined by the court or Judge; such exceptions, however, to be filed within fifteen days after the filing of the report, of which filing notice is to be given by the master to the complainant and the guardian ad litem or their respective solicitors if any. (e) master and set court conclu SEC. 8. The settlement of the accounts of the complainant, Accounts reas reported by the master, and as settled by the court or Judge ported by the by its decree in the case ordering and decreeing the account tled by the as finally settled, and stating the balance which may exist on sive, and only either side, shall be final and conclusive, and not be subject to be opened thereafter to be re-opened except for fraud: Provided, That the final decree settling said accounts shall be subject to appeal as in other cases, and the final decision upon said appeal or resulting therefrom shall be final and conclusive. (e) for fraud. Proviso. master or re of a regular SEC. 9. The court or Judge may, in such case, in its or his Property to be judgment or discretion, by order or decree, direct and order delivered to a the complainant to turn over and deliver to its master, or to a ceiver until the receiver to be appointed by the court, the entire property and appointment estate of said minor; and the said master or receiver shall be guardian. directed to manage the estate of said minor, and report annually his accounts and acts to the court for examination and allowance; and upon the appointment of a regular guardian for said minor or minors by the Judge of the County Court having jurisdiction thereof, the said court or Judge shall direct the master or receiver to turn over and deliver to said guardian the entire property and estate of such minor or minors. (e) SEC. 10. In the discretion of the court or Judge an order complainant may be made in said case continuing the complainant in the to hold prop erty until guarcontrol and management of the property and estate of such dian appointed. minor or minors until a legal guardian shall be appointed; but such complainant shall in such case, and if he consents to con (c) Secs. 3, 4 and 5, Chap. 2014, Act of Feb. 12, 1874. Proviso. Court to allow compensation to complainant. 8 Fla., 77. tinue in the control and management of such property and estate, make annual report of his accounts, which shall be referred to said master for examination, and report as in the first instance; and the decree of the court or Judge settling the same shall be final, subject to the right of appeal as above provided: Provided, That said complainant may decline to continue in the management and control of said property and estate, whereupon the same shall be ordered to be turned over and delivered to the master or receiver as aforesaid. (ƒ) SEC. 11. The court or Judge shall, in its or his discretion, make an allowance to said complainant for his trouble and expense in the management of the property and estate aforesaid, of such minor or minors, and may make any and all orders and decrees, and direct such steps and proceedings as may be deemed just, necessary or proper for the protection of the rights and interests of said minor or minors, and to carry out the purposes of Sections 5, 6, 7, 8, 9 and 10 of this chapter. (ƒ) · When habeas corpus may be suspended. CHAPTER 112. HABEAS CORPUS-WRIT OF. 1. When habeas corpus may be suspended. 2. Power of Governor to suspend writ. 3. When writ may issue; what writ shall contain; bond must be given; deposit allowed in lieu of bond; bond may be sued on. 4. On whom writ to be served; 5. Penalty for failure to produce on whom taxed; execution may issue for costs. 8. Return may be amended ; effect of return as to matters stated therein; practice in cases of commitment for contempt. 9. Attendance of witnesses may be compelled; affidavits allowed in certain cases; subpoenas to be directed to proper officer. 10. Where papers to be filed and judgment entered. 11. Effect of judgment. 12. Writ of error allowed in certain instances. 13. Writs of habeas corpus to precedence in Supreme have 7. Hearing and judgment; costs, Court. SECTION 1. The privilege of the writ of habeas corpus shall not be suspended unless when, in case of invasion or rebellion, the public safety may require its suspension. (a) (f) Secs. 6 and 7, Chap. 2014, Act of Feb. 12, 1874. (a) Sec. 5, Declaration of Rights, Const. of 1868. SEC. 2. The Governor shall have power in cases of insurrec- When Govtion or rebellion to suspend the writ of habeas corpus within ernor may. the State. (b) issue. 12 Fla., 272. 688. 17 Fla., 362. SEC. 3. Whenever any person detained in custody, whether when writ to charged with a criminal offence or not, shall, by himself, or by some other person in his behalf, apply to the Supreme Court of the State of Florida, or to any Justice thereof, to either of the Circuit Courts of the State or to any Judge thereof, in va- 15 Fla., 630-658 cation or in term time, for a writ of habeas corpus, and shall 18 Fla., 144-283. show by affidavit or evidence probable cause to believe that he 16 Fla., 575. is detained in custody without lawful authority, it shall be the duty of the court, the Justice or Judge to whom such application shall be made forthwith to grant the writ, signed by him- Writ. self, directed to the person in whose custody the applicant is detained, and returnable immediately before such court, Justice or Judge, or any of said courts, Justices or Judges, as the writ issued may direct: Provided, That in all cases where it shall appear necessary, the court or Judge granting the writ shall previously require bond with sufficient security, executed in Bond. such manner and in such reasonable penalty as such court, Justice or Judge shall prescribe, conditioned for the payment of such charges and costs as may be awarded against the prisoner, and that he will not escape by the way. In the event of inability to give bond for the payment of charges and costs, he may be permitted, in lieu thereof, to make a deposit in such an amount as the court, Justice or Judge may require; such bond Disposition of shall be filed with the papers in the case, and may be sued on bonds. in the name of the person to whom it is made payable, for the benefit of any person interested therein. (c) Deposit. and suit on SEC. 4. That such writ when issued shall be served by the Service of sheriff of the county in which the petitioner is alleged to be writ. detained, and that when such writ shall be served and the officer or other person to whom it is directed, or in his absence from the place where the prisoner is confined, on the person having the immediate custody of the prisoner, it shall be the duty of him on whom the writ shall be executed, without de- Production of lay, to bring the body of the prisoner or cause it to be brought prisoner. before the court, Justice or Judge before whom the writ is made returnable, and at the same time to certify to the cause Return. of the detention. In cases where the sheriff of the county is Service on the person holding the party detained, a delivery to or receipt sheriff. of the writ by him shall be sufficient service thereof. (c) failure to make SEC. 5. That any person failing to return the writ so served Penalty for upon him, with the cause of the prisoner's detainer, or to bring return of writ the body of the prisoner before the court, Justice or Judge or produce prisoner. according to the command of the writ, for three days after such service, or when the prisoner is to be brought more than twenty miles, for so many days more as will be equal to one (b) Sec. 21, Art. 5, Const. of 1868. (c) Secs. 1 and 2, Chap. 3129, Act of March 11, 1879. Power of Judge in vacation to ence to writ. day for every twenty miles of such further distance, shall forfeit and pay the prisoner the sum of three hundred dollars, the right to recover which shall not cease by the death of either or both of the parties. (d) SEC. 6. That it shall be lawful for a Justice or Judge in vacation to take the same steps to enforce obedience to any writ of enforce obedi habeas corpus as may be taken in term time by any court having jurisdiction over such writs, and that in cases pending before the Supreme Court or either of the Justices thereof, writs looking to the enforcement of such obedience may be directed to the sheriff or other lawful officer of any county in the State. (d) Hearing and judgment. Oaths. SEC. 7. That the court, Justice or Judge before whom the prisoner shall be brought, shall without delay proceed to inquire into the cause of his imprisonment, and shall either discharge him, admit him to bail, or remand him to custody, as the law and the evidence shall require, and shall moreover either award against the prisoner the charges of his transportation, not exceeding fifteen cents per mile, and the cost of the proceedings, or shall award the costs in his favor, or shall award no costs or charges against either party, as shall seem right. The Clerk of the Court or the Justice of the Supreme Execution for Court may issue execution for the costs and charges awarded by a judgment rendered in vacation, in the same manner as if rendered in term time. (d) costs. Amendment and effect of return. Practice in cases of commitment for contempt. Attendance, SEC. 8. The return made to each writ may be amended, and shall not be taken to be conclusive as to the facts stated therein, but it shall be competent for the court, Justice or Judge before whom such return is made to examine into the cause of the imprisonment or detention, to receive evidence in contradiction of the return, and to determine the same as the very truth of the case shall require: Provided, however, That when on the return of the writ it shall appear to have been a contempt, plainly and specifically charged in the commitment by some court, officer or body having authority to commit for the contempt so charged, and for the time stated, it shall be the duty of the court or officer before whom the writ is returnable forthwith to remand the prisoner, if the time of detention has not expired. (d) SEC. 9. In vacation a Justice or Judge shall have the same &c., of witness. power to compel the attendance of a witness to give evidence upon the trial as a court would have in term time, and whenever either in term time or vacation it shall be inconvenient to procure the personal attendance of a witness, his affidavit, taken upon reasonable notice to the adverse party, may be received in evidence, and subpoenas may be directed to the sheriff or other lawful officer of any county in the State. (d) Subpoenas. Filing papers and entry of judgment. SEC. 10. That in cases before the Circuit Court or a Judge thereof, the petition and the papers in the cause shall be filed (d) Secs. 3, 4, 5, 6 and 7 Chap. 3129, Act of March 11, 1879. with the Clerk of the Circuit Court of the county in which the prisoner is detained, and the judgment shall be entered of record upon the minutes of the court; and in cases before the Supreme Court or a Justice thereof, the papers shall be filled with the Clerk of the Supreme Court and the judgment entered upon the minutes of the court. (e) Effect of SEC. 11. That the judgment so entered of record shall be conclusive until reversed in the manner herein provided for, judgment. and no person remanded by such judgment, while the same continues in force, shall be at liberty to obtain another habeas corpus for the same cause, or by any other proceeding to bring the same matter again in question, except by writ of error, or by action of false imprisonment; nor shall any person who shall be discharged from confinement by such judgment be afterwards confined or imprisoned for the same cause, unless by the order or judgment of a court of competent jurisdiction. (e) SEC. 12. That if any party to such judgment shall feel him- Writ of error. self aggrieved thereby, it shall be lawful for the Judge or Justice hearing the cause, or for a Justice of the Supreme Court, to grant a writ of error returnable to the next term of the Su- 15 Fla., 630. preme Court, or to the court in term, if the writ is applied for 16 Fla., 144-283. during a session of the court, which writ shall be heard and 11 Fla., 174. preme Court. SEC. 13. That the trial of all writs of error to judgments in Trial in Sucases of habeas corpus shall have preference in the Supreme Court to all other causes. (e) CHAPTER 113. HARBOR MASTER. 1. Harbor Master of Pensacola, how and when appointed; when to be removed from office. 2. Harbor Master to give bond. 3. Authority, powers and duties of Harbor Master enumerated; penalties for persons opposing Harbor Master; appeal from decision of Harbor Master, to whom made. 4. Fees of Harbor Master; certain exceptions. 5. Duty of Harbor Master as to abating nuisances on wharves. 6. Harbor Master to demand bill of health from captain of every vessel. 7. How appointed for towns; 8. Term of office. 10. Causes for removal of. 11. This law not to be construed as repealing certain statutes. (e) Secs. 8, 9, 10 and 11, Chap. 3129, Act of March 11, 1879. |