1822 - Edocs
1822 - Edocs
1822 - Edocs
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91<br />
AN ACT<br />
Authorising- the appointment of Justices of the Peace and defining;<br />
their powers, and establishing- county courts.<br />
1. Be it enacted by the Governor and Legislative Coun Justices appointed<br />
cil of the Territory of Florida, That there shall be a com- by Governor,<br />
petent number of justices of the peace appointed by the<br />
Governor in the several counties in this Territory.<br />
2. Be itfurther enacted, That, "every person so appoint- To take an oath,<br />
ed before he enters on the duties of his office, shall take<br />
an oath or affirmation to support the constitution of the<br />
United States, and also well and honestly to execute the<br />
duties of his office, without fear, favor or oppression* to<br />
the best of his abilities; which oath may be administered<br />
by- the clerk of the circuit court, or any justice of th©<br />
county, and a certificate of the same, entered of record in<br />
said court.<br />
3. Be it further enacted, That, the justices of the peace Jurisdiction*<br />
so appointed, and each of them, shall be conseivator of<br />
the peace within their respective counties, and shall have<br />
cognizance of all causes, matters and things of the value<br />
of twenty dollars and under, founded on any bond, bill,<br />
note, or account in writing, or assumpsit, and may give<br />
judgment and award execution thereon—which execution<br />
shall be directed to any constable of the county, and shall<br />
be made returnable to the justice who issued it, not less<br />
than ten nor more than thirty days from the date thereof,<br />
which shall be executed and returned by said constable<br />
accordingly.<br />
4. Be it further enacted, That, all judgments given by<br />
Judgement under<br />
en ollars~nna l'<br />
any justice of the peace where the amount thereof shall<br />
not exceed ten dollars shall be final— in all judgments<br />
where the amount thereof shall exceed the sum of ten<br />
dollars, the party against whom such judgment shall be Over ten—maygiven,<br />
shall have a right to appeal to the circuit court of aPpeal.<br />
the county, where the judgment was rendered. When an<br />
appeal is taken the justice who rendered the judgment<br />
shall thereupon suspend all further proceedings thereon, Proceeding-son<br />
and shall return all the papers and a copy of the judg- appeal.<br />
ment he had given to the clerk of the said court, and the<br />
said court shall at their next session after said appeal,<br />
provided ten days notice has been given to the defendant,<br />
hear and determine the same in a summary way without Summary way.<br />
pleading in writing, according to the justice of the case,<br />
unless for good cause it be continued to the next term.<br />
In all cases when any party may desire to appeal from a<br />
judgment of a justice pursuant to this act, lie shall at the<br />
time of rendering the judgment, apply to the justice and<br />
obtain from him a copy of such judgment and produce<br />
the same to the clerk of the circuit court, and shall enter<br />
into bond in the office of said clerk in a penalty duuble<br />
M<br />
i