CHAPTER 1,630.-[No. 6.]

AN ACT concerning Forcible Entry and Detainer.

The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. That no person When entry shall enter into any lands or tenements but in case where entry prohibited, and how made when is given by law, nor shall any person, where entry is given by law, enter with strong hand or with multitude of people, but only in a peaceable, easy, and open manner.

proper.

plaint.

re

SEC. 2. Be it further enacted, That no person who shall without consent enter in a peaceable, easy, and open manner into any lands or tenements, shall hold the same afterward against the consent of the party entitled to possession thereof.

SEC. 3. Be it further enacted, That if any person shall enter or shall have entered into lands or tenements in case where entry is not given by law, or if any person shall enter or shall have entered into any lands or tenements with strong hands or with multitude of people, even in case where entry is given by law, the party turned out or deprived of possession by such unlawful or by such forcible entry, by whatever right or title he held such possession, or whatever estate he held or claimed in the lands or tenements of which he was so dispossessed, shall at any time within three years thereafter be entitled to the summary remedy herein provided.

SEC. 4. Be it further enacted, That if any person shall enter or shall have entered in a peaceable manner into any lands or tenements, in case such entry is lawful, and after the expiration of his right shall continue to hold the same against the consent of the party entitled to the possession, the party so entitled, whether as tenant of the freehold, tenant for years, or otherwise, shall be entitled to the like summary remedy at any time within three years after the possession shall so have been withheld from him against his consent.

SEC. 5. Be it further enacted, That the party so turned out of possession, or so held out of possession, may exhibit his com plaint before the judge of the county court of the county in which the real estate is situated, or before the judge of the circuit court of the circuit in which the real estate is situated, in the following form or to the following effect:

STATE OF FLORIDA,

County of

A. B., of the said county, complains that C. D. hath unlawForm of com- fully (or forcibly, as the case may be) turned him out of and withholds possession (or unlawfully and against his consent withholds from him the possession) of certain real estate known and described as follows (here insert description), containing,

by estimation,

acres of land, with the appurtenances,

lying and being in the county and State aforesaid, whereof he prays restitution of possession and his damages.

A. B.,

Plaintiff.

SEC. 6. Be it further enacted, That every such complaint shall be verified by oath or affirmation of the plaintiff, his agent To be sworn to. or attorney, which may be administered by any officer of this

State authorized to administer oaths.

SEC. 7. Be it further enacted, That the clerk of the circuit court, or of the county court, as the case may be, upon the filing of said complaint shall thereupon issue a summons to the following effect:

THE STATE OF FLORIDA, To the sheriff of
Greeting.

We command you to summon

county

if he be found with

Mon

in the county of
personally to be and appear before
the judge of our county court for said county, (or the circuit
court for said county, as the case may be), on the
day in
being the first day of our next term, to answer
in an action wherein he prays restitution of possession
of the following real estate, with the appurtenances, viz.:
and have then and there this writ.
Witness

clerk of our said county (or circuit, as the

case may be) court, this the

day of

A. D. 18

Form of summons.

Venire facias,

SEC. 8. Be it further enacted, That if the said action is in the county court, the clerk shall at the same time issue a venire facias, directed to the sheriff of the county, commanding him to when to issue. summon at least twelve good and lawful men, registered voters of his county, being freeholders and not of kin to either party, to be attendant upon the said county court on the day of the term to which the writ is returnable, as jurors, to try the complaint aforesaid, and if the said action is returnable to the circuit court, it shall be tried by such jurors as may be attendant at that term, and no special venire shall issue.

SEC. 9. Be it further enacted, That the summons aforesaid shall be made returnable to the next term of the circuit or county court, as the case may be, and shall be served at least ten days before the first day of the term to which it is returnable, and that it shall be served as the law requires other writs or summons to be served, except, in case no person can be found at the usual place of residence of the defendant, it may be served by posting a copy in a conspicuous place on the property in the summons mentioned.

SEC. 10. Be it further enacted, That if it shall appear to the court at the return day of said summons, that the defendant has been duly served with said summons agrecably to the re

When return

able, and how served.

Jury.

Oath.

Trial.

Verdict.

quirements of this act, it shall proceed without further pleadings in writing to empanel a jury for the trial of the cause, and if a sufficient number of the venire originally summoned do not attend, then and in that case the deficiency shall be made up of bystanders, being qualified voters of the county.

SEC. 11. Be it further enacted, That the jury, when so empanelled, shall be sworn well and truly to try whether the defendant, at any time within three years before the filing of the complaint in this cause, did forcibly or unlawfully enter upon the property in the complaint mentioned, and turned the plaintiff out of the possession thereof, and whether the defendant continued to hold the possession thereof at the time of filing his complaint, and you shall find a true verdict thereupon, and assess such damages as may be recoverable according to the evidence, so help you God. Or if the complaint be of an unlawful detainer against the consent of the plaintiff, they shall be sworn as follows: You do solemnly swear that you shall well and truly try whether the defendant, against the consent of the plaintiff, wrongfully holds possession of the real estate mentioned in the complaint in this cause; whether the said defendant hath so held possession thereof, against the consent of the plaintiff, within three years next before the exhibition of the said complaint; and whether the plaintiff has the right of possession in the tenement aforesaid, and you shall find a verdict and assess such damages as may be recoverable according to the evidence, so help you God.

SEC. 12. Be it further enacted, That the jury, being so sworn, the court shall, as in all other cases, admit all legal testimony, and the cause shall proceed, the court giving such instructions as the tenor of the case requires.

SEC. 13. Be it further enacted, That the form of the verdict of the jury in the cases provided for in this act, shall be, in cases of forcible or unlawful entry, substantially as follows: We, the jury, find that the defendant did (or did not) within three years next before the filing of the complaint in this cause, forcibly (or unlawfully) enter upon the real estate in the complaint mentioned, and turn the plaintiff out of possession thereof; that the said defendant did (or did not) continue to hold the possession thereof, at the date of the said complaint, and we assess the damages at dollars. Or in case of an unlawful detainer against the plaintiff's consent, that [then] substantially as follows: We, the jury, find that the defendant did (or did not) at the time of the filing of the complaint in this cause, wrongfully hold possession of the real estate mentioned in the complaint, against the consent of the plaintiff; that the said defendant hath (or hath not) so held possession thereof, against the consent of the plaintiff, within three years next before the filing of said complaint; and that the plaintiff hath (or hath

not) the right of possession in the real estate aforesaid, and we
assess the damages of the plaintiff at
dollars.

SEC. 14. Be it further enacted, That in the trial of all cases arising under this act, evidence shall be admitted as to the monthly rental value of the premises, and, in case of recovery by the plaintiff, the jury shall fix his damages at double the rental value of the premises from the time of such unlawful or wrongful holding, as to which evidence shall be admitted; Provided, That damages in no case of detainer be fixed at more than the rental value of the premises, unless the jury be satisfied from the evidence that such detention is wilful and knowingly wrongful.

Evidence as

to rental value.

Practice in case of verdict

SEC. 15. Be it further enacted, That if the verdict of the jury shall be in favor of the plaintiff, then and in that case the court shall award a judgment for the plaintiff that he recover posses- for plaintiff. sion of the property described in the complaint aforesaid, with his damages and full costs, and shall award a writ of habere facias possessionem, to be executed, without delay, and also a writ of execution for plaintiff's damages and costs as in other civil cases; and if the verdict shall be for defendant, the court shall render judgment again t the plaintiff that his complaint be dismissed, and that the defendant recover full costs, and execution may issue therefor.

When for de fendant.

SEC. 16. Be it further enacted, That if either party think himself aggrieved, [he] shall have a right to appeal to the circuit Appeal. court in case the complaint is tried in the county court, or to the supreme court in case the complaint is tried in the circuit court, with this difference, however, that in case the appeal is from the county court to the circuit court, the circuit court shall try the case anew upon its merits, and without requiring written pleadings, and in case the appeal is from the circuit court to the supreme court, then the appeal shall be prosecuted and heard as in other cases of appeal from the circuit to the supreme court.

SEC. 17. Be it further enacted, That the party appealing shall, in case of an appeal from the county to the circuit court, file with the clerk of the county court a traverse to this effect: A. Traverse. B. (plaintiff or defendant, as the case may be) says the inquisition in this case is not true, and prays an appeal to the circuit court, upon which the clerk of said court shall certify a copy of its record to the circuit court on the appellant giving bond to the appellee, with suflicient security, for the payment of all costs occasioned by his appeal, in case the judgment of the appellate court shall be against him, which said bond shall be approved by the judge of said county court; Provided, however, That an appeal shall in no case, either from the county to the circuit, or from the circuit to the supreme court, operate as a supersedeas to the judgment on the writ of possession, unless his bond shall

When a persedeas.

Citation.

Circuit Court.

be further conditioned for the payment of such damages as may be adjudged against him.

SEC. 18. Be it further enacted, That upon the filing of the record in the circuit court, the clerk of said court shall issue a citation to the appellee, notifying him of said appeal, which shall be served by the sheriff at least ten days before the first day of the term to which the appeal is brought, and in case such service of citation is not perfected, as hereinbefore required, then the cause shall stand for trial at the next term of the said circuit court, at the option of the appellee.

SEC. 19. Be it further enacted, That in all cases of appeal Appeal from from the county to the circuit court, an appeal shall lie from the judgment of the circuit court to the supreme court, as in other cases, except that there shall be no supersedeas.

volved.

SEC. 20. Be it further enacted, That no question of title but a Title not in right of possession and of damages shall be involved in the action, and no judgment rendered, either for plaintiff or defendant, shall bar any action of trespass for injury to the property, ejectment, or writ of right between the same parties respecting the property in question, nor shall any verdict found be held conclusive of the facts therein found in any such action of trespass, ejectment, or writ of right.

Fine of ju

SEC. 21. Be it further enacted, That every juror summoned ror not attend to attend the court aforesaid, and failing to attend without good cause, shall be fined sixteen dollars.

ing.

Officers' fees.

a crime.

SEC. 22. Be it further enacted, That in all cases arising in the circuit court, or carried there by appeal, the officers shall be entitled to such fees for services rendered in the circuit court, as they are entitled by law in other cases.

SEC. 23. Be it further enacted, That any person who shall Forcible entry forcibly enter into the possession of the lands or tenements of another, and shall not, upon demand made by the party entitled to possession, vacate the same within four days after the demand, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than thirty or more than one thousand dollars.

Practice where fifteen days do between date of filing complaint

not intervene

and term of Court.

SEC. 24. Be it further enacted, That if a regular term of the county court will not be held within fifteen days after the filing of the complaint mentioned in section fifth, it shall be optional with the party making the complaint to have the summons to be issued made returnable at any time not less than ten days from its date, in which case the clerk of the county court shall issue a venire facias, directed to the sheriff of the county, commanding him to summon twelve good and lawful jurors, with the qualifications herein before prescribed, to attend at the day the summons is returnable, to try the said cause, at which time the trial shall proceed before the judge of the county court, as is hereinbefore provided.