1822 - Edocs

Style of process.
0*th of Juries.
Ya. Executors, Admhiibtruxors
and
heirs, ice.
Process tested by
clerk.
On death of defendant
how to revive
suit.
-And an death of
plaintiff.
Personal actions
die with party.
Female plaintiff
1
marrying .
If several parties
and one non resident.
'
36
30. fie it further enacted, That, all process shall run in
the name and by the authority of the Territory of Florida,
and all indictments shall conclude against the peace and
dignity of the same.
31. Be it further enacted, That, whenever a jury shall
be empanneled, for the trial uf any fact or issue, the oath
shall be administered by the clerk, in the following words,
u you and each of you do solemnly swear, that you will
well and truly try the issue joined between the plaintiff
and defendant, and a true verdict give, according to the evidence,
unless dismissed by the Court or withdrawn by
the parties."
32. Be it further enacted, That, all actions which lie against
executors and administrators, may lie against thein
and the heirs and devisees jointly.
33. Be it further enacted. That, all original, mesne or
final process shall be issued by the clerk, and bear test by
the clerks issuing it respectively.
. 34. Be itfurther enacted, That, whenever any original
writ or subsequent process shall be sued out, or any interlocutory
order or judgment made pending the suit in
Court, and the defendant or defendants, shall have departed
this life, such action or suit, shall not abate.—Ifit
were originally maintainable, agaist executors and administrators,
it shall and maybe lawful for the-plaintiff-to
sue out a sci. fa. to revive the writ and suit against
the executors and administrators, and heirs, to shew cause
why the plaintiff shall not maintain his said writ or suit,
and judgment shall be given according to law. And if
the plaintiff or plaintiffs should depart this life, during
the pendency of the suit or action, it shall not abate, but
be revived in like manner in the name of his representa-
tives .
35. Be it further enacted, That, hereafter, all actions for
personal injuries, shall die with the person, to wit, assault
and batteries, slander, false imprisonment and malicious
prosecutions ; all other actions shall and may be maintained
in the name of the representatives of the deceased.
36. Be it further enacted, That, if any female plaintiff
shall marry pending a suit, her marriage shall be noticed
on the record, and her husband made a party thereto, and
the cause shall progress according to law.
37. Be it further enacted, That, in all cases where several
persons are sued as joint obligors in the same writing,
or joint and several, and the sheriff or other officer shall
return on auy process issued against any of the defendants,
that such defendant "is not an inhabitant of this
County. " the plaintiff may proceed to judgment against
the other defendants, without any further proceedings against
the defendant, so returned not found.