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An Act regulating civil proceedings. 1822 33 (1822)

handle is hein.slavery/ssactsfl0007 and id is 1 raw text is: AN ACT Regulating Civil Proceedings. I. Be it enacted by the Governor and Legislative Coun- Non resident pltft eil of the Territory of Florida, That, henceforth whenever to give bond. any plaintiff or complainant who is a non-resident, shall desire to institute suit in any of the courts of this Terri- tory, he shall previous to filing his declaration or com- plaint, execute in the Clerk's office a bond with approv- ed security for the costs and charges of said suit, which bond shall include officers fees, as well as the costs of the defendant. 1, 2. Be it further enacted, That, if any plaintiff or corn- 1rotft removing plainant after the institution of any suit, should move himself or his effects out of the territory, it may be law- ful for the defendant to move at any time to dismiss the suit for want of security for costs. 3, Be itfurther enacted, That, in all cases where a judg- Costs and charges. ment is rendered in favor of a plaintiff or complainant, against a defendant or defendants, the plaintiff or com- plainant shall recover all costs and charges legally ex- pended, and shall have judgment and execution fo' the same, and where any defendant shall succeed in any suit, he shall have judgment and execution for his costs against the plaintiffor complainant, provided always that Proviso, nothingherein contained shall extend to executors or ad- ministrators, in such cases as by law they are not liable to costs of suit. 4. Be it further enacted, That, in all cases the plaintiff Nature ofaction shall give a memorandum to the Clerk, what species of endorsed on writ. action he has brought, and it shall be the duty of the Clerk to endorse the same on the back of the writ, that the officer executing the same may know whether bail is demandable or not. 5. Be it further enacted, That, in all actions of debt Where bail maybe founded on any judgment, or writing obligatory, bill of required. exchange or note for the payment of money, ill all actions of covenant and detinue, where the species of action is endorsed upon the writ, the plaintiff may require bail, and the sheriff shall return on the writ the name of the bail taken-In all other actions, bail shall not be requir- ed unless the plaintiff make oath that lie verilyJ W-s the defendant-will remove himself or his effects outoftie jurisdiction of the Court-And upon such affidavit any judicial officer in this Territory shall endorse that bail is required, and in what sum, which shall be taken by the officer accordingly. 6. Be it further enacted, That, there shall be no other No other than spe than special bail in any action whatsover, and the said cial bai. bail shall endorse upon the writ, I agree to be special

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