always, That each heir residing within the State, shall be first duly summoned to show cause, if any he can, against such sale; and when any heir shall reside without the State, the court shall make an order for publication, which order being inserted in any public newspaper, to be designated by the court in such order, for three months successively, shall be considered as summons. (e) parceners. SEC. 10. One parcener may maintain an action of waste against Powers of another, but no parcener shall have or possess any privilege over another in any election, division, or matter, to be made or done concerning lands which shall have descended to them. (e) and entails. SEC. 11. The doctrine of the right of survivorship, in cases Joint tenancies of real and personal property held by joint tenants, shall not be allowed in this State, and no real estate shall be entailed in this State. (e) band inherits from wife. SEC. 12. If married women die in this State possessed of real Manner husand personal property, or of either species of property, the husband shall take the same interest in her said property, and no other, which a child would take and inherit, and if the wife should die without children then the surviving husband shall be en- 8 Fla., 46. titled to administration, and to all her property, both real and personal. (e) Distribution to descent. SEC. 13. After all debts and legacies have been paid, the be made accordproperty remaining in the hands of the executor or adminis- ing to rules o trator shall be distributed according to the provisions of the 13 Fla., 77. law regulating descents. (f) 14 Fla., 363. to their actual heirs. SEC. 14. In the settlement and distribution of the estates of Aliens. deceased persons in this State, whether the same be of real or personal property, aliens as well as citizens may take or inherit, and shall be entitled to share and share alike. (g) SEC. 15. Whenever, upon the death of any person of color, Property of seized or possessed of real or personal estate, there are persons sons of color deceased perin being who would inherit said property or any portion there- shall descend of, under the several statutes of descent of this State, but who are prevented from so doing on account of the legal incapacity of said persons of color to contract marriage in a state of slavery, which said estate would otherwise escheat to the State, all the right, title and interest of the State of Florida is hereby vested in and waived in favor of those persons who would have inherited said estate, if said parties had been competent to contract marriage. (h) out license SEC. 16. The fact that the said parties shall have failed to Marriage withobtain a license to marry, or shall have failed to be married ac- shall not affect cording to the forms of law, shall in no case affect the opera- right of heirs. tion of this section, but the same shall be held to apply to all cases wherein the parties were known as husband and wife. (h) (e) Sec. 6, Act of March 6, 1845. (h) Secs. 1 and 2, Chap. 1566, Act of Dec. 12, 1866. 17 Fla., 487. Circuit Courts, jurisdiction. 4 Fla., 23. Residence of applicant. CHAPTER 93. DIVORCES. 1. Circuit Court to have exclu sive jurisdiction of divorces. divorced by law of other State. 2. Applicant must be resident of tenance of wife and children may Florida. be decreed. 3. No divorces allowed a mensa et thoro. 10. Service on absent defendant, how perfected; provisos; when de 4. For what causes divorces shall fendant may appear and plead. be granted. 11. Suits for alimony, when allowed. 12. Mode of proceeding for alimony; provisos. 13. Effect of decree of alimony; when ne exeat or injunction may issue. SECTION 1. The several Circuit Courts of this State, within their respective circuits, shall have exclusive cognizance of all suits for divorces. (a) SEC. 2. Hereafter no divorce from the bonds of matrimony shall be granted to any applicant, unless it shall appear that such applicant has resided in the State of Florida for the space 12 Fla., 449-434. of two years prior to the time of such application. (b) 13 Fla., 369. No divorce a mensa et thoro. For what causes SEC. 3. From and after the passage of this law, no divorces shall be decreed from bed and board, but whenever any divorce shall be adjudged and decreed between man and wife in the courts of this State, by virtue of any statute, the same shall be from the bonds of matrimony. (c) SEC. 4. Divorces from the bonds of matrimony shall be dedivorces shall creed in case the parties are within the degrees prohibited by be granted. law, in cases where either party is naturally impotent, and in case of adultery in either of the parties; but the decree or sentence of divorce in such cases shall not render illegitimate the issue born during such marriage. (d) Other causes. SEC. 5. Divorces from the bonds of matrimony shall also be decreed, where either of the parties had another wife or husband living at the time of such second or other marriage; and marriages, where either of the parties shall have a former wife or husband living, at the time of such marriage, shall be invalid from the beginning, and absolutely void, and the issue thereof shall be deemed to be illegitimate, and subject to all the legal disabilities of such issue. (e) (a) Sec. 4, Act of Feb. 14, 1835. (b) Sec. 1, Chap. 522, Act of Jan. 8, 1853. (d) Sec. 3, Act of Oct. 31, 1828, as amended by Sec. 2, Act of Feb, 14, 1835. (e) Sec. 4, Act of Oct. 31, 1828. SEC. 6. If it shall appear to the court that the adultery com- Adultery by plained of is occasioned by collusion of the parties, and done collusion. with the intention to procure a divorce, or that both parties have been guilty of adultery, then no divorce shall be decreed. (e) SEC. 7. Divorces a vinculo matrimonii shall be adjudged and other causes. decreed in addition to the causes in said act prescribed, for extreme cruelty in either party, or for the habitual indulgence of violent and ungovernable temper, or for habitual intemperance, 17 Fla., 180. or for willful, obstinate and continued desertion by either party for the term of one year. (f) 13 Fla., 369-381. SEC. 8. Divorces from the bonds of matrimony shall be Other causes. allowed to any person, by the judgment of the court, upon application to be made as in other cases of divorce, who shall have been a citizen of Florida for two years, whose husband or wife shall have obtained a divorce in any other State or country. (g) children. SEC. 9. When a divorce shall be decreed on account of the Maintenance parties being within the prohibited degrees, or for the cause of wife and of adultery or extreme cruelty, the court shall and may, in every case, take such order, touching the care and maintenance of the children of that marriage, and also touching the maintenance and alimony of the wife, or any allowance to be made to her, and, if any, the security to be given for the same, as from the circumstances of the parties and nature of the case may be fit, equitable and just. (h) absent de SEC. 10. In all cases of divorce, if the party against whom the Service on complaint is made shall reside out of this State, or has removed, fendant. or shall, after the cause of complaint has arisen, remove out of this State, so that ordinary process cannot be served, or if served, the party cannot be compelled to appear and answer or plead, it shall and may be lawful for the Circuit Court, on bill filed and due proof that the defendant resides out of the State, or hath removed as aforesaid, to order a hearing on the facts charged in said bill, and thereupon to pass a decree in the same manner as if the defendant had appeared and was present in court: Provided, That a copy of the said order for the hearing be published in some public newspaper of this State for the space of three months, at least, or for a longer time if the said court shall so direct, before the day appointed for said hearing: Or provided, That a copy of said bill and a copy of said order for the hearing, duly certified by the clerk of said court, shall have been actually served upon or delivered to said defendant at least three months or for a longer time, if the said court shall so direct, before the day appointed for the said hearing. But in every such case, before or at the said hearing, satisfactory evidence shall be produced to the said court, that the said notice by publication in some newspaper (e) Sec. 5, Act of Oct. 31, 1828. () Sec. 2, Act of Feb. 14, 1835. (g) Chap. 134, Act of Jan. 5, 1847. Suits for alimony. 10 Fla., 308. · 12 Fla., 434-450, Mode of proceeding. Effect of decree for alimony. or by a copy of said bill and order, actually served upon or delivered to the said defendant, has been duly given as directed by this chapter, or in default thereof no decree against the said defendant shall pass: It is also further provided, That the said defendant, after such notice, may, at any time before or at said hearing, appear and plead or answer to and defend against said bill. (i) SEC. 11. The Circuit Courts shall have jurisdiction, on appli-. cation of wives for alimony against their husbands, on the husband's deserting his wife for one year, or on his living in open or avowed adultery with another woman for three months, and in cases of cruel, inhuman and barbarous treatment. (j) SEC. 12. Such application shall be by bill in chancery, alleging the cause why alimony is claimed, and the proceeding shall be as in other cases in chancery, and the facts arising upon the matter in issue shall be determined by a jury; either of the aforementioned causes being found to exist, the court shall decree alimony out of defendant's estate: Provided, however, That alimony shall not be granted in case of open adultery of the wife. (j) SEC. 13. A decree of alimony shall release the wife from the control of her husband, and she may use her alimony and acquire, use and dispose of other property uncontrolled by her husband, and where the husband is about to remove himself or his property out of the State, or fraudulently convey or conceal it, the court may award a ne exeat, or injunction against him or his property, and make such order or decree as will secure the wife her alimony. (j) CHAPTER 94. DOGS. 1. Owners of liable for damages done by. 2. Places where damages may be sued for. SECTION 1. All owners of dogs shall be held liable and reOwners of dogs sponsible for damages to sheep or other stock killed or maimed liable for damage. Forum. by their dogs. (a) SEC. 2. Damages thus established may be sued for and judg ment obtained in any court having jurisdiction of the amount so established. (a) (i) Sec. 1, Act of Feb. 4, 1833. (j) Secs. 11, 12 and 13, Act of Oct. 31. 1828. (a) Secs. 1 and 2, Chap. 3294, Act of Jan. 27, 1881. CHAPTER 95. DOWER. 1. Widow entitled to dower of third part of lands; what dower to comprehend; provisos. 2. Widow's share in the personal estate of her husband. 3. Widow may elect to take dower or child's part in real estate. 4. What interest widow takes in dower, and what in child's part. 5. If husband die intestate and without children, widow may elect to take dower or whole estate; when wife to be sole heir at law. 6. What personal property widOW entitled to, separate from dower. 7. Mode of setting apart dower in real, and share in personal property. 8. Petition to be heard at first term; what notice to be given. 9. Widow to have use of dwelling-house and premises until dower is assigned; also have one year's provisions. 10. Who to lay off dower; when County Judge to order dower to be laid off. 11. Heir or representative of estate, when to petition for the laying off of dower. 12. Widow may petition to have dower laid off; mode of petitioning. 13. Court may confirm or reject assignments of child's part to widow; decree of Judge may be appealed from. 14. Mode of relinquishing dower; separate acknowledgement must be made by wife; relinquishment, how to be taken out of State and out of United States. 15. Dower in lands, &c., how extinguished and released; wife to be examined separate from her husband; how made out of the State; how out of the United States. endowed of SECTION 1. When any person shall die intestate, or shall widow to be make his last will and testament and not therein make any third part of express provision for his wife, by giving and devising unto her lands. such part or parcel of real and personal estate as shall be fully satisfactory to her, such widow may signify her dissent thereto in the Circuit or County Courts of the county wherein she resides, (and, if there be no court in the county, then to either of said courts in the next adjoining county,) at any time within one year after the probate of such will; and then, and in that case, she shall be entitled to dower in the following manner, to-wit: One-third part of all the lands, tenements and heredit- 2 Fla.. 360. aments of which her husband died seized and possessed, or had before conveyed, whereof said widow had not relinquished 14 Fla., 389. her right of dower as heretofore provided for by law; which third part shall be and inure to her proper use and behoof in and during the term of her natural life. In which said third part shall be comprehended the dwelling-house in which her husband shall have been accustomed most generally to dwell next before his death, together with the offices, out-houses, 5 Fla., 350-568. 7 Fla.. 207. 15 Fla., 121-130. |