Report.

shall have power to call in a third disinterested person, whose opinion, in conjunction with that of one of the commissioners, shall be conclusive. (j)

SEC. 19. The said commissioners shall, at the same term of the court at which said order shall have been made, or at the next term thereafter, make their report in writing, which report shall be sworn to by at least one of said commissioners, and a judgment of the court shall be given thereon. (j)

SEC. 20. The commissioners shall be allowed by the court a Compensation. reasonable compensation for their services; the clerk shall be entitled to two dollars for issuing such notice, and the executive officer of the court shall be entitled to fifty cents for the service of the same on each individual therein named, to be paid jointly by the owners of said property. (j)

Governor to appoint Boards of Medical Examiners.

Examinations.

Certificate.

Examination.

CHAPTER 161.

PHYSICIANS.

1. Governor to appoint Board of cine without certificate; excepMedical Examiners; duties of tions, &c. Board; may issue certificates.

2. What examination by Board

to include.

3. Fees of Board.

4. Penalty for practicing medi

5. Board to make rules, &c., for examinations.

6. Compensation of physicians for post mortem examinations.

SECTION 1. There shall be appointed by the Governor of this State six Boards of Medical Examiners, consisting of not less than three nor more than five practitioners of medicine of acknowledged skill and experience, and of five years' practice in this State, said boards to be located respectively at Tallahassee, Jacksonville, Pensacola, Key West, Ocala and Tampa, whose duty it shall be to carefully examine any and all persons not graduates of medicine, who have not heretofore practiced medicine in this State, who may hereafter propose to practice medicine, surgery or obstetrics in this State, and if found competent to practice the same, said boards shall issue a certificate to that purport to such person, which certificate shall be recorded in the office of the Clerk of the Circuit Court of each county where the person receiving it may practice. (a)

SEC. 2. The examination by the boards thus appointed shall include the branches of anatomy, operative and minor surgery, obstetrics, diseases of women and children, and the general laws of health. (a)

(j) Secs. 5, 6 and 8, Act of Feb. 10, 1832.

(a) Secs. 1 and 2, Chap. 3296, Act of March 7, 1881.

SEC. 3. The said Board of Medical Examiners shall be al- Fees of exlowed to charge and receive the sum of five dollars for each aminers. person so examined, to be paid upon receipt of certificate of competency by the party examined. (a)

obtained cer

Penalty.

SEC. 4. Any person who shall commence the practice of med-Practicing icine, surgery or obstetrics in this State without having first without having obtained such certificate and recorded the same as provided tificate, &c. for in Section one of this chapter, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine not exceeding two hundred dollars nor less than fifty dollars, or imprisoned in the county jail not exceeding six months, or by both such fine and imprisonment, at the discretion of the court: Provided, That the provisions of this chapter shall not be construed as applying to surgeons or physi- Exceptions. cians temporarily in the State when sent for to perform surgical operations, or for consultation, or to women commonly known and designated as mid-wives: Provided, further, That this chapter shall not apply to physicians now practicing in this State. (a)

SEC. 5. Said boards may adopt such rules and regulations Rules and as to examinations and certificates as they may deem proper, regulations. not inconsistent with the Constitution and laws of this State.

(a)

SEC. 6. The compensation allowed physicians attending cor- Compensation. oners' inquests and making post mortem examination shall be ten dollars, to be paid by the State. (b)

4. Præcipe to be recorded, to be days; what business to be transdated, &c.

5. Process, how to be issued, tested, and how returnable.

6. How writ to be amended in

form.

acted on rule days.

11. Manner of making service of

writ.

12. Cause of failure of service to be returned to the court; pen

7. How infants and idiots may alty for failure; when process to

sue.

(a) Secs. 3, 4 and 5, Chap. 3296, Act of March 7, 1881.

be made returnable.

(b) Sec. 1, Chap. 3253, Act of Feb. 28, 1881.

13. When one of defendants is non-resident plaintiff may proceed to judgment, or order new writs to be served out of county on other defendants.

14. Service, how to be made on mercantile firm.

mistakes.

32. What declaration may contain in all actions of libel and slander.

33. Forms for various declarations.

34. No distinction between ap

15. Cases in which Coroner is to pearance and trial terms.

execute process.

35. When defendant to appear;

16. Time of receipt and service rules for pleading; how defaults of process to be noted. to be entered; court may give

17. Process to be executed on further time to plead, answer or Sunday in certain cases. demur; application for further time to be made within sixty days after default.

18. When service to be made by publication; proof of service by publication, how made.

19. Proceedings, how may be had when all defendants have not been served with notice of suit; suit, how to be against defendant not served with notice.

36. When and how final judgment can be entered on written contracts; clerk to assess amount due; when judgment to be issued ; how judgment by default upon other contracts to be entered:

20. Service on agents of corpora- plaintiff to be examined upon oath. tions to be valid.

37. Appearance by attorney

21. Summons, how to be issued valid. against corporations.

22. How to be served and returned.

23. Where suits to be commenced against corporations.

24. Process, how served on officers of corporations.

25. Service on agent of foreign corporation to be valid service.

26. Suits, how commenced against corporations when there has been a failure to elect officers, &c.; service, how made; notice to be given; proviso as to publication.

38. Pleas must be sworn to. 39. Defendant may enter appearance at any time before judgment; proviso as to time to plead. 40. Formal defence in plea not necessary; form for commencement of plea.

41. Defendant may traverse whole or part of declaration.

42. Defendant may deny all or part of the allegations in the declaration.

43. Subsequent pleadings may be denied in whole or in part.

44. Pleas in certain actions if

27. When declaration in all suits good in substance sufficient. to be filed.

45. Manner of pleading defences

28. Commencement and conclu- that arise after commencement of sion of declaration.

29. What to be considered particulars of demand.

30. Cause of action to be filed with declaration.

31. No declaration or other pleading to be abated for clerical

action.

46. Manner of pleading plea puis darrein continuance.

47. Pleadings that are capable of must be taken distributively. 48. Issue, how joined; form of. 49. Form of pleas.

50. Form of pleas in actions in abatement for non-joinder. sounding in tort.

51. Form of replications; manner of pleading new assignment. 52. What forms of pleadings deemed sufficient.

70. Actions by man and wife for separate claims may be consolida ted; proviso in case of death.

71. Causes of action by same parties and in same rights may be

53. Statements which need not joined; exceptions as to ejectbe proved may be omitted. ment and replevin; venire in cer

54. Certain pleadings not to be tain cases when separate trial may deemed insufficient.

55. What pleadings to be stricken out with costs.

56. Express color not necessary; special traverse not necessary; allegation of actionem non not necessary.

57. Profert of deed not necessary.

58. Pleader may set out whole or part of document; force and effect of same.

59. Performance of conditions precedent may be averred genererally; denial of performance may be specified.

60. Loss of bill of exchange, &c., need not be set up if indemnity against claims of others is given. 61. Defendant may plead on equitable grounds.

be ordered.

72. Actions may be maintained in name of real party; venue.

73. Actions not to be abated by death of one of joint plaintiffs or defendants.

74. In case of death of sole plaintiff, manner of carrying on suit.

75. In case of death of sole defendant, manner of conducting suit.

76. In case of death of co-partner, manner of conducting suit.

77. Suits for personal injuries die with the person; all other actions may be maintained in name of representative of deceased person.

78. Death of either party between verdict and judgment shall

62. Certain matters may be set not be alleged for error. up by way of audita querela.

63. Replication may be had upon equitable grounds.

64. Cases in which court may strike out equitable plea.

65. Parties plaintiff may be joined or struck out, in discretion of court, by consent.

66. Misjoinder or non-joinder of plaintiffs may be amended by court at trial by consent.

67. Plaintiff may amend writ or other proceedings without order "in certain cases.

68. Misjoinder of defendants may be amended at discretion of court any time before trial.

69. Writ of summons and declaration may be amended on plea

79. Death of either party after interlocutory judgment shall not abate action.

80. Marriage of female plaintiff or defendant shall not abate action; execution to be issued against wife's sole property.

81. Who liable for costs in pleas in abatement; judgments may be had against other defendants; proviso.

off.

82. What to be subjects of set

83. Cause of set-off to be filed with plea.

84. Disclaimer and tender of amends allowed in actions of trespass.

85. Execution of bond or note

Form of action need not be

mentioned in writ.

101. Trial by court by consent to pleading. be effectual.

102. Judgment on bonds, amount view premises. of; how discharged.

103. Non-suit, how taken.

SECTION 1. It shall not be necessary to mention any form of action in any writ of summons, or in any notice of writ of summons, issued from the courts of this State. (a)

SEC. 2. The style of all process shall be, "The State of Style of process Florida," and all prosecutions shall be conducted in the name and by the authority of the same. (b)

6 Fla., 314.