1822 - Edocs

33.
AN ACT
Regulating Civil Proceedings.
Be it enacted bi the Governor ana Legislative L'ouni
of t he Territory of Florida* That, henceforth whenever
xv>} plaintiff or complainant who is a non-resident, shall
dt sire to institute suit in any of the courts of this Territory,
he shall previous to filing his declaration or complaint,
execute in the Clerk's office a bond with approved
security for the co^ts and charges of said suit, which
bond shall include officers fees, as well as the costs of the
defendant.
2. Be itfurther enacted, Tfiat, if any plaintiff or complainant
after the institution of any suit, should move
himself or his effects out of the Territory, it may he lawful
for the defendant to move at any time to dismiss the
suit for want of security for costs.
3. Be itfurther enacted* That, in all cases where a judgment
is rendered in favor of a plaintiff or complainant,
against a defendant or defendants, the plaintiff cr complainant
shall recover all costs and charges legally expended,
and shall have judgment and execution for the
same, and where any defendant shall succeed in any suit,
he shall have judgment and execution for his costs
against the plaintiff' or complainant, provided always tiiat
nothing herein contained shall extend to executors or administrators,
in such cases as by law they are not liable
to costs of suit.
4. Be it further enacted* That, in all cases the plaintiff
; b a 1 1 give a memorandum to the Clerk, what species of
action he has brought, and it shall be the duty of the
Clerk to endorse the same on the back of the writ, that
the officer executing the same may know whether bail is
demandable or not.
5. Be it further enactedfTh&t, in all actions of debt
founded on any judgment, or writing obligatory, bill of
exchange or note for the payment of money, in all actions
of covenant and detinue, where the species of action is
endorsed upon the writ, the plaintiff may require bail,
and the sheriff' shall return on the writ the name of the
bail taken— In all other actions, bail shall not be required
unless the plaintiff make oath that he verily believes
the defendant will remove himself or his effects out of the
jurisdiction of the Court—And upon such affidavit any
judicial officer in this Territory snail endorse T hat bail is
required, and in what sum, which shall be taken by the
officer accordingly.
6. Be itfurther enacted. That, there shall be no other
than special bail in any action whatsoever, and the said
v ail shall endorse upon the writ. " T at^nee to ' M> special
Sow resident pltfl
to give bond.
Pltff. removing"
from tne Territorv.
Costs and charges
Proviso.
Nature of action
endorsed on writ
Where bail may bff
required.
a other than spe
c>! hntl.