Courts open to hear motions. 16 Fla., 167. Jury trial. Dismissal of before plea. cases; and it shall and may be lawful for the court, upon satisfactory proof of the service of such notice, or of the publication of such notice, and upon the finding of a jury of inquest, to be called for that purpose, to award their judgment upon said finding, and execution shall issue accordingly. (r) SEC. 26. The courts, respectively, to which such attachments are returnable, shall be always open for the purpose of hearing and deciding motions for dissolving such attachments, and in any such case, upon oath, made and tendered to the court, that the allegations in the plaintiff's affidavit are untrue, either as to the debt or sum demanded, or as to the special cause assigned, whatever it may be, for granting the attachment, then, in every case, it shall be the duty of the court to hear evidence upon the issue so presented, and if, in the opinion of the court, the allegations in the plaintiff's affidavit are not sustained and proved to be true, the said attachment shall be dissolved: Provided, That if the party defendant shall demand the same, a jury shall be empanelled to try the issue joined as aforesaid. (8) SEC. 27. When any suit shall be commenced by attachment, suit if attach- and the same on motion be dissolved before plea to the action, ment dissolved then, in every such case, the suit shall abate and be dismissed from the court; but if such motion is made after the party defendant has appeared and pleaded to the action, the attachment only shall be dissolved, and the plaintiff may still proceed in said suit and prosecute his debt or demand to final judgment; but if the suit be already pending, and the attachment be dissolved at any stage of the proceedings, the suit itself shall abate and be dismissed: Provided, The motion to dissolve such attachment be made at or before the first term of the court, where the suit is pending. (s) 4 Fla., 457. 6 Fla., 13. 14 Fla., 307. Party may de SEC. 28. In all cases, on motion to dissolve an attachment, mand jury trial, the party plaintiff and the party defendant shall have right, and equal right, to demand a jury to try any issue made on such motion. (t) paid pro rata. SEC. 29. If there be two or more suits commenced by attachJudgments of equal date to be ment against the same person, and several judgments be obtained at the same term, they shall be satisfied, pro rata, out of the judgments which may have been obtained against the garnishee or garnishees in any such suits, unless the defendant in such suit or suits have sufficient other property to satisfy the same. 3 Fla., 1. 9 Fla., 61. 14 Fla, 187. Lien of ship (u) SEC. 30. Ship-chandlers, store-keepers and all dealers, mechandlers, &c. chanics and workmen, shall have a lien on any ship, vessel, steamboat or other water craft for all stores, provisions, rigging or other materials, or labor or services of any kind whatever furnished or rendered to or for the use of any such ship or vessel, or steamboat or other water craft, and which lien (r) Sec. 14, Act of Feb. 17, 1833. (t) Sec. 6, Act of Feb. 14, 1835. shall have a preference over all others; Provided, however, before the said clerk shall issue a writ of attachment against writ of attachsaid ship, vessel, steamboat or other water craft, returnable to ment. the Circuit Court for said county, directed to the sheriff of said county, who shall execute the same by levy upon the ship, vessel, steamboat or other water craft, which he shall take into possession and custody; Provided, That the sheriff may levy Proviso. upon any property on board the ship, vessel, steamboat or other water craft belonging to the owner or owners thereof, in case he can find sufficient such property to satisfy said claim or debt and costs. (w) Sec. 31. When any such claim or debt shall be for one hun- When claim dred dollars or less, the oath aforesaid shall be made before a under $100. Justice of the Peace of the county in which the ship, vessel, steamboat or other water craft may lie or be, who shall issue a writ of attachment, directed to all and singular the sheriffs or constables of said county, and any one of whom may execute the same by a levy upon the ship, vessel, steamboat or other water craft, subject, however, to the same provisions as in the preceding section. (w) SEC. 32. The ship, vessel, steamboat or other water craft, or Replevin. other property so levied upon, may be replevied in the same manner as in other cases of attachment; and the notice by per- Notice, &c. sonal service upon the owner or owners, or by publication, and all the subsequent proceedings in any suit commenced as aforesaid, shall be the same as those in a suit under the general law of attachments of this State. (w) Owners of ves SEC. 33. It shall not be held necessary in suing out any writ of attachment under this law to set forth the owners of said sels not to be vessels, ship, steamboat or other water craft, but suit may be set forth. commenced against the ship, vessel, steamboat or other water craft, and the master or mate of said ship, vessel, steamboat or other water craft, and the notice served upon the master or mate shall be good and as valid as if the same had have been served upon the owner or owners, nor shall any suit abate for want of the name or names of any owner or owners of said ship, vessel, steamboat or other water craft.* (w) SEC. 34. If any mortgagor of personal property in this State, (r) Sec. 14. Chap. 40, Act of 1845. (w) Secs. 1. 2, 3 and 4, Chap. 1128, Act of Feb. 8, 1881. [*The Compiler and Reviser differed as to whether the jurisdiction of a Justice of the Peace is extended under this act to $100 by amendments to the Constitution and act of 1875] Attachment, to be issued. mortgagee, &c. or other person, shall, with fraudulent intent, make arrangehow and when ments, endeavor or attempt to remove the same beyond the limits of the Judical Circuit in which the property was at the time of the execution and delivery of the mortgage, so as to impair the rights, interest, or remedies of the mortgagee, or the assignee of such mortgage, it shall be competent for the mortgagee or any person interested in the said mortgage, upon Affidavit of the making an affidavit of the fact before a Judge of the Circuit Court, or before any Justice of the Peace, or the Clerk of the Circuit Court, to obtain a writ of attachment, to be directed to any constable or sheriff, requiring him to attach and take into his custody the property so removed or attempted to be removed; or if such constable or sheriff cannot be had, then any other indifferent person specially delegated under the hand and seal of the judge, justice, or clerk issuing such attachment. (a) Force and effect of writ. give bond, &c. SEC. 35. Such writs of attachment, whether the same be issued by a Judge of the Circuit Court, or by a Justice of the Peace, or by the Clerk of the Circuit Court, shall run and have full force and effect in every county of this State; but all writs of attachment, when the real sum in controversy may be more than one hundred dollars, shall be made returnable to the Circuit Court. (b) SEC. 36. Such attachment, thus applied for, shall not be isComplainant to sued till after the party applying shall have given bond with two securities, in double the amount of the debt claimed, to be be approved of by the judge, the clerk, or justice granting said attachment, to pay all damages the defendant may sustain, if the said attachment should be abated or dismissed for any cause whatever. (c) make issues on SEC. 37. Upon application of the mortgagor, or person interMortgagor may ested in the mortgage, to the judge of the circuit in which the return of writ. writ of attachment was issued, it shall be his duty to order a venire to be issued, requiring the sheriff to summon a jury to be empanelled before him, at such time and place as shall be specified in said writ, then and there to try and determine the following facts: first, whether the property attached was actually, bona fide mortgaged; second, whether the mortgagor, or other person claiming any interest in such property, or any person acting under his or their authority, or with his or their privity or consent, so fraudulently intended, had made arrangements, or endeavored or attempted to remove beyond the limits of the Judicial Circuit the property so mortgaged without the consent, or contrary to the wishes of the mortgagee, or other person interested in the said mortgage; and if the finding shall be in the affirmative, the jury shall then proceed to ascertain the amount of the demand under the said mortgage, and shall render a verdict for the same, whether the same be Verdict and judgment thereon. (a) Sec. 1. Act of March 3, 1842. (c) Sec. 7, Act of March 3, 1842. due or not; and judgment shall thereupon be entered up, and execution be issued and levied, as in other cases of execution. (d) der attachment SEC. 38. Upon application of any person entitled to the fore- Judge may orclosure of a mortgage of personal property remaining in the to issue. possession of the mortgagor or mortgagors, for an attachment against the property mortgaged, it shall be the duty of the judge of the court, to which application for the foreclosure of the mortgage shall be made, to direct the issuing of a writ of attachment, which the clerk of the said court shall accordingly issue, directed to the ministerial or executive officer of the said court, commanding him to attach, levy upon, and take into possession and custody the said mortgaged property, or so much thereof as will be sufficient to satisfy the debt or demand of the petitioner or petitioners, and the costs and charges of the proceedings; and the said officer shall execute such writ In what cases. without delay, and shall retain the said property attached in his custody and possession, until the judgment of foreclosure shall be obtained, when he shall dispose of it according to law, or until the further order of the court in the premises, unless it shall be replevied in the manner hereinafter pointed out; but no such writ of attachment shall issue, unless the petitioner or petitioners for foreclosure, or any of them, or his, Affidavit of her, or their agent or attorney, shall make oath of the sum petitioner. really and truly due upon the mortgage to be foreclosed; and that he has reason to fear that the property mortgaged will be concealed, so that the ordinary process of law cannot reach it, or that it will be removed beyond the jurisdiction of the court; and shall exhibit to the judge the original mortgage, or any other evidence, or an acknowledgment of the debt or demand secured by it, which shall appear to have been given by the mortgagor or mortgagors at the time the application for such writ of attachment shall be made; the demand of the said attachment, if made at the time of filing the petition for foreclosure, must be contained in the said petition, but the same attachment may be applied for by petition, and obtained, on a compliance with the aforesaid requisitions, at any time before the judgment of foreclosure. (e) SEC. 39. It shall and may be lawful for the mortgagor or mortgagors, or any other person or persons having an interest in the equity of redemption of any personal property, to replevy the same by giving bond, with at least two good and sufficient securities, in a sum sufficient to cover the amount of the debt sworn to be due upon the mortgage, payable to the ministerial officer of the court to whom the writ of attachment shall have been directed and conditioned to return to the said officer, or his successors in office, the said property, whenever the mortgage of it shall be foreclosed by the judgment of the court, or to pay such sum of money as shall, by the said judg (d) Sec. 2, Act of March 3, 1842. (e) Secs. 6, Act of Dec. 11, 1824. Replevin of property attached. ment, be adjudged to be due to the petitioner or petitioners for foreclosure, and all the costs and charges of the proceedings whenever the same shall be demanded; but no such replevy shall be made but upon the payment of all costs of issuing the attachment, and of the proceedings consequent thereon, and the bond so given on replevy, by the provisions of this section, shall have the force and effect of a judgment; and nothing contained in this section shall be so construed as to release the mortgaged property from the lien created by said mortgage. (e) Who qualified CHAPTER 8. ATTORNEYS. 1. Who allowed to practice law in any court without having taken in the courts of this State. an oath. 2. Attorneys must have license. and counsellors 3. Mode of making application for license to practice law. 4. Manner of making examination of applicant. 5. No person allowed to practice 6. Who may not practice law. 7. Persons allowed to appear in court in propria persona. 8. Penalty for attorney failing to pay over all moneys collected by him; liable to suit for same. SECTION 1. Attorneys at law who have been admitted to to practice in practice in any court of record in any State of the Union, or to [in] any United States Court, shall be admitted to practice in any court of this State on producing evidence of having been so admitted. (a) courts of this State. Attorney and counsellor to be licensed. 2 Fla., 23-534. 6 Fla., 214. 5 Fla., 438. 7 Fla., 40. 8 Fla., 183. 10 Fla., 326. 12 Fla.. 278. 13 Fla., 285-314. 14 Fla., 251. 15 Fla., 64-180. 16 Fla.. 703. 17 Fla., 169. Application for license. SEC. 2. No person shall be permitted to appear as an attorney and counsellor at law in any cause in the courts of this State until he shall have produced to the court in which he proposes to practice a license signed by one of the Judges of the Circuit Courts, or a certificate under the hand and seal of a Clerk of some of the Circuit Courts of the United States, of his having been admitted to practice in said Circuit Court, which license or certificate shall be entered upon the minutes of the court in which the said attorney wishes to practice, and the original returned by the clerk to said attorney. (b) SEC. 3. It shall be the duty of any person wishing to obtain a license to practice law in the courts of this State to present to one of the Judges of said Circuit Courts satisfactory evidence of good moral character, and that he is twenty-one years of age; whereupon the Judge shall examine into the qualifications of the applicant, and, if found qualified, he shall grant (e) Sec. 7, Act of Dec. 11, 1824. (b) Sec. 1 Act of November 10, 1828. |