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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

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