Railroad liable for damage or maimed. 7. Suits for repairs, how tice to be given officers or servants SECTION 1. All railroad corporations operating in this State shall be held liable for damages to cattle, horses, or other stock to stock killed by the cars or trains of such company or corporation, either by killing or maiming animals, and the amount of damages shall be established by affidavit of the owner, or some other person acquainted with the stock so killed or maimed. (a) Damages, how established. Service, how perfected. What property liable under execution. Who liable to garnishment. R. R. Company shall repair Notice. SEC. 2. Damages established as aforesaid may be sued for and judgment obtained in any court having jurisdiction of the amount so established, in the same manner as other claims. (a) SEC. 3. In any action at law against any railroad corporation operating in this State for damages for the killing of any cattle, horses, or other live stock, or any injuries to the same as aforesaid, service of process upon any depot agent of said company, in the county in which the cause of action may arise, will be sufficient service for any court having jurisdiction thereof to entertain the same. (a) SEC. 4. All personal or real property owned by any such corporation shall be liable to levy and sale under execution issued in consequence of any such action. (a) SEC. 5. Any railroad depot agent, residing in any county where judgment may be obtained as aforesaid, shall be liable to garnishment as other persons in other actions at law. (a) SEC. 6. Whenever any cattle guards to any enclosure of any railroad company shall require repairs, it shall be the duty of cattle guards. the said railroad company promptly to repair the same; and if any railroad company shall fail or refuse for ten days to repair any such railroad crossing or cattle guard, after having been required so to do by a notice in writing, signed by any citizen of the county where said crossing or cattle guard is situated, which notice may be served upon the President, any director, superintendent, secretary, treasurer, conductor, station agent, road master, track master or overseer of road in the employ of said company, it shall be lawful for the person giving said notice to repair said railroad crossing or cattle guard at his or her own expense, and in a suit against said company before any court of competent jurisdiction to recover double the cost of repairing said road crossing or cattle guard. (b) Company to pay costs of repair. Suit, how brought. SEC. 7. Said suit may be brought in the county or magistrate's district where said railroad crossing or cattle guard is situated, and the summons may be served on any of the officers named in sixth section of this chapter. (a) Secs. 1, 2, 3, 4 and 5, Chap. 2060, Act of 1875. (b) (b) Sece. 1 and 2, Chap. 1111, Act of Feb. 12, 1861. CHAPTER 172. REFEREE. 1. Any civil cause may be tried before referee; how and when to be tried. 2. Powers of referee. 3. Referee to fix day for trial; compensation; power of referee to secure compensation. 4. Referee to file his findings and judgment in Clerk's office; to give notice thereof; when judgment of referee to be operative. 5. Mode of proceeding in cases of motion for new trial; arrest of judgment, &c.; decision of referee to be recorded. 6. Bills of exception, how settled before referee. 7. When motions for new trial, rehearing, arrest of judgment, &c., to be heard. 8. Power of referee as to amendment of pleadings. 9. Appeals and writs of error allowed from judgments of referee. 10. Proceedings when judgment of referee is modified or reversed. 11. Effect of judgment or decree when filed and recorded. referees, how SECTION 1. Any civil cause may be tried before a practicing cases may be attorney as referee, upon the application of the parties, and an tried before order from the court in whose jurisdiction the case may be, and when. authorizing such trial and appointing such referee. Such referee shall keep a complete record of the case, including the evidence taken, and such record shall be filed with the papers in the case in the office of the clerk, and such cause shall be subject to an appeal in the manner prescribed by law. (a) 14 Fla., 464. SEC. 2. When any civil cause at law or in equity shall be re- Powers of ferred to a practicing attorney for trial and final determination referees. by the order of the Circuit Court or the Judge thereof, he shall have the same power to summon witnesses and parties to testify, and to compel their attendance, as the Circuit Court may have in like cases, and he shall have the like power to take depositions of witnesses as the Circuit Court. (b) Trials. SEC. 3. The referee may fix the day for the trial, and may adjourn the trial for cause shown, and if he shall unreasonably delay the trial or determination of a cause, the court shall revoke the order appointing him. He shall receive five dollars Compensation. for each day he shall sit to hear the cause, and shall receive like pay for not exceeding two days for deliberation and judgment after the cause is submitted for decision. He shall also be allowed ten cents per folio of one hundred words for reducing the testimony to writing. In cases involving more than ordinary skill or labor on the part of the referee, he may receive such greater compensation as may be agreed upon by the parties or allowed by the court. His compensation and costs (a) Sec. 17, Art. 6, Const. of 1868. (b) Sec. 1, Chap. 3122, Act of March 11, Powers as to pensation. may be demanded by him after he shall have decided the cause, securing com- and he may withhold all the papers and records of the cause until his fees shall be paid, unless otherwise ordered by the Circuit Court, after due notice and opportunity to be heard. (c) SEC. 4. The referee shall, upon filing his findings and judgNotice of fling ment in the office of the clerk of the court in which the cause judgment. When judg ment operative. new trial, &c. was pending at the time of the reference, give notice of the fact to the respective parties, their agent or attorney, and if there shall not be a motion for a new trial, rehearing, in arrest of judgment, or for a reformation or alteration of the judgment or decree filed in the office of the clerk, within ten days after giving such notice, (which motion shall be in writing, specify. ing the grounds thereof,) the judgment, finding or decree shall stand confirmed as the judgment, finding or decree of the Circuit Court for execution or enforcement, subject to review on appeal or writ of error by the Supreme Court. (c) SEC. 5. If upon motion for new trial, rehearing, arrest of Filing decision. on motions for judgment, or reformation or alteration of the judgment or decree, such motion shall be denied, or the judgment or decree modified, the referee shall file all the papers used on such motion, together with the decision, in writing, with the clerk of the court, and such decision and judgment or decree shall be entered in the minutes of the court, and stand as the judgment or decree of the court as in other cases. (c) Record of decision. Exceptions and bills of. Time within for re-hearing, SEC. 6. Bills of exception in cases at law, and exceptions in cases in equity, may be settled before the referee upon like notice and according to the practice prevailing in the Circuit Court, and bills of exception shall be signed by the referee, and when filed, shall become a part of the record of the cause, for the purpose of review upon repeal or writ of error. (c) SEC. 7. Motions before the referee for a new trial in arrest which motions of judgment, rehearing, reformation or modification of the &c., to be tried, judgment, finding or decree, must be brought to a hearing before the referee within ten days after the motion shall be filed with him, upon due notice to the opposing party or parties, but the referee may, by an order, enlarge the time for such hearing, and may specify what notice shall be given of such hearing. In cases of the death or absence of the referee, after the filing of his findings, so that the parties cannot be heard before him upon such motion within the time fixed by law, the parties may apply to the Circuit Judge or court for such order or proceeding as might be allowed by the referee. (c) Motions in case of death of referee. Amendment, SEC. 8. A referee shall have the same power over the plead&c.. of pleadings, as to filing additional pleadings or striking out or amending the pleadings, as the Circuit Court or Judge may have in other cases. (c) ings. Appeals and SEC. 9. Any party to a judgment or decree pronounced by a writs of error. referee may have a writ of error thereto, or appeal from the (c) Secs. 2, 3, 4, 5, 6 and 7, Chap. 3122, Act of March 11, 1879. same as a judgment or decree of the Circuit Court, and the Supreme Court shall hear and review the same as a judgment of the Circuit Court, according to the law and practice governing causes tried or heard before the Circuit Court and 13 Fla., 585. brought up for review, and all bonds upon appeal, writ of error or for a supersedeas, may be in form and substance and upon conditions required in such cases. (c) of decree or SEC. 10. Upon the reversal or modification of a judgment or Proceedings decree pronounced by a referee, by the Supreme Court, the reversal, &c., Circuit Court may refer the cause to the same or another referee judgment. to be agreed upon by the parties, or may proceed with the cause as in other causes before the court. (c) or decree. SEC. 11. Upon the filing of the records of the proceedings in Entry and effect the clerk's office by a referee, in which proceedings the referee of judgment shall have pronounced a judgment or decree, it shall be the duty of the clerk to enter such judgment or decree in the records of the Circuit Court, and the same shall be of like force and effect as other judgments and decrees of said court, subject, however, to the order of the referee setting aside, modifying or amending such judgment or decree upon granting a new trial or a rehearing, as herein before provided. (c) CHAPTER 173. REPLEVIN. 1. When action of replevin al- quired; pleadings, how and before lowable. 2. Exceptions to certain cases. 3. Other exceptions enumerated. 4. Action of replevin, how commenced; what writ or summons shall contain. 5. Officer shall not deliver replevied property within certain time; when defendant allowed to give forthcoming bond. 6. Affidavit required of plaintiff before writ to issue; requirements of affidavit; bond required of plaintiff. 7. Cases enumerated where Justice of the Peace allowed to issue writ of replevin, though property exceeds his jurisdiction; bond re whom made. 8. When possession delivered to plaintiff. 9. Power of officer executing writ. 10. When property not delivered to plaintiff, remedies allowed to him. 11. When plaintiff to file decla- 12. Pleas allowed defendant. 14. When defendant to have 15. When defendant allowed value of property instead of property. (c) Secs. 8, 9 and 10, Chap. 3122, Act of March 11, 1879. tion or detention. 2 Fla., 42. Exception as to certain cases. Exceptions. Writ of replevin, how issued. Officers shall not deliver property replevied until the lapse of three days. 16. Justice of the Peace not allowed to separate property to give him jurisdiction. 17. Proceedings on trial of replevin; plaintiff may take judg to ment for value of property; when SECTION 1. Whenever any goods or chattels shall have been wrongfully taken, or shall be wrongfully detained, an action of replevin may be brought for the recovery thereof, and for the recovery of the damages sustained by reason of such wrongful caption or detention, in the Circuit Court of the county in which such property may be found. (a) SEC. 2. No replevin shall lie for any property taken by virtue of any warrant for the collection of any tax, assessment or fine in pursuance of any statute in this State. (a) SEC. 3. No replevin shall lie at the suit of the defendant in any execution or attachment to recover goods and chattels seized by virtue thereof, unless such goods and chattels are exempted by law from such execution or attachment; nor shall a replevin lie for such goods and chattels at the suit of any other person, unless he shall have a right to reduce into his possession the goods taken. (a) SEC. 4. Actions of replevin shall be commenced by writ and summons, issued by the Clerk of the Circuit Court, returnable as other process in actions at law to the court from which such writ and summons issued; such writ and summons shall command the officer to whom it may be directed to replevy the goods and chattels in possession of the defendant, describing them, and to summon the defendant to be and appear before the court from which said writ and summons were issued on the return day thereof, to answer the plaintiff in the premises. (a) SEC. 5. The officer executing said writ shall not deliver said property to the plaintiff in replevin until after the lapse of three days from the time said property was so taken; during which said three days, if the defendant in replevin shall give bond in double the appraised value of said property, with security to be approved by the officer executing said writ, conDefendant may ditioned to have said property forthcoming to abide the result of the suit instituted against the same, said property shall be re-delivered to the said defendant in replevin; but if said bond and security is not given within the said three days, then said property shall be delivered to the plaintiff in replevin. (b) give bond for forthcoming of property. 14 Fla., 435. To make affidavit. SEC. 6. Before any writ of replevin shall issue, the plaintiff, or some credible person in his behalf, shall make and file with the clerk to whom application may be made for such writ an affidavit stating that the plaintiff is lawfully entitled to the possession of the property, describing it, and that the same has (a) Secs. 1, 2, 3 and 4, Act of March 11, 1845, as amended by Chap. 2040, Act of 1875, and as amended by Chap. 1938, Act of Feb. 24, 1873, and as amended by Sec. 1, Chap. 1099, Act of Feb. 2, 1861. (b) Sec. 1, Chap, 1099, Act of Feb. 2, 1861. |