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An Act to amend the several acts regulating County Courts in this Territory. 1838 38 (1838)

handle is hein.slavery/ssactsfl0136 and id is 1 raw text is: No. 27.-AN ACT to lcinend tim Fievera acts regulating Counly Courts ill
this~ Te'rritory,
Section 1. le it enacted by the Gov'ernor and Legislative
Council of the Territory of Florida, '.That the County Courts
31ri.lietionf oOf this Territory, shall 1)e courts of record, an(it shall within
.omut(Aurt,. their respeetive counties, have an]d exercise original .jurisdic-
ti(;i over all cases where tile Sum, debt, damages, or matters ini
demand or controversy, shall he above fifty, and not above one
thousand dollats, anId in all cases above one thousand dollars,
where the judge of the Superior Court, in his owi judicial dis-
trict, is a party, cither plaintiff or defendant, or where such
judge cannot, for any other cause, take cognizance of the stuit,
the said court shall h.avc also appellate jurisdiction over the
jtudgment of any Justice or the Peace; the case omi every such
9 pleal to be tried anew upoll its merits, but without requiring
A. Istoo,'  written 'pleadlings; 110 appeal from any justices court shall be
con,         .  ilqo'wetl I\'when the sum in demand or collt'oversy, does not cx-
cood 'tei dollars, except for matters of law apparent of record ;
and hi every sqcli case the trial in the County Court shall he
upon, and by ij'spection of record; and writs ol' error, certio-
rari, Mandamus, and prolibition, shall issi c from the county
court to any justices court, which shall be tested by the J.1 dgq
twarding the same.
See. 2. Be it further enacted, That the County Courts of
S     'sof re  'I- the'several counties of this ''erritory, shall have the sale p'ow)'-
persons.   ers, in relation to the sales of the real estates of deceased per-
sons, or of minors, as is vested in' the Superior Court by all
act, approved the 21st day of Jaimary, eighteen litmdred and
thirty-six, entitled, Ani act to enable e0,ecutors, 'adillilistr tors
and guardians, to sell the real cst;itc of' inlants,, itimder tluh same
rtles and restrictions ;is is in siid ac't prescribed; Prd,'ided, how-
ever, That whenever 'ainy superior or comity court shall autho-
rise the sale of real estate, in either of' the c'ases bel'o'e men-
iioned, the executor, administrator, or gitardiaa, a pplying for
Becurity requir.  uthority to sell, Shall ejilter into bond, 'with good and sufficient
S.  secfrity, iu double the amiount of the estimated value of the
r6al st;itc atithori'sed'to be sold, payable io thpc Goi:ernor of the
Territory of Florida, and his sutccessors iu'oflice, conditioned
for the thitlful and legal application of tlie proceeds of said
sale.       i       
Sec. 3. B3e it further enacted, Thal in all cases [where] it
Lund and no-                r'g
lOva  -may be necessary to sell the L;ind or negroes, belbliging to the
estate of deceased persons, fbo' the'paytnent [of] debts due by
the decease-l, the Judge of theUo~nty;Court shall order te

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