SEC. 25. Be it further enacted, That all laws restricting jurisdiction of justices of the peace for the purposes of this act be, and the same are hereby, repealed, and all laws conflicting with Repeal. the provisions of this act be, and the same are hereby, repealed. Approved August 14th, 1868. CHAPTER 1,631.—[No. 7.] AN ACT fixing the times for holding the Circuit Courts of this State. Time for hold- Terms. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. That from and after the passage of this bill, the terms of the circuit court shall commence as follows: For the spring terms, viz.: For the First Judicial Circuit: At the county site of Escambia county on the first Monday in April; at the county site of Santa Rosa county ing on the third Monday in April; at the county site of Walton county on the fourth Monday in April; at the county site of Holmes county on the first Monday after the fourth Monday in April; at the county site of Washington county on the second Monday after the fourth Monday in April; at the county site of Jackson county on the third Monday after the fourth Monday in April. For the Second Judicial Circuit: At the county site of Franklin county on the first Monday in April; at the county site of Calhoun county on the second Monday in April; at the county site of Liberty county on the third Monday in April; at the county site of Gadsden county [on] the fourth Monday in April; at the county site of Wakulla county on the first Monday after the fourth Monday in April; at the county site of Leon county on the second Monday after the fourth Monday in April; at the county site of Jefferson county on the fourth Monday after the fourth Monday in April. For the Third Judicial Circuit, as follows: At the county site of Madison county on the first Monday in April; at the county site of Hamilton county on the third Monday in April; at the county site of Suwannee county on the fourth Monday in April; at the county site of Taylor county on the first Monday after the fourth Monday in April; at the county site of Lafayette county on the second Monday after the fourth Monday in April; at the county site of Columbia county on the third Monday after the fourth Monday in April. For the Fourth Judicial Circuit, as follows: At the county site of Clay county on the first Monday in April; at the county site of Bradford county on the second Monday in April; at the county site of Baker county on the fourth Monday in April; at the county site of St. Johns county on the first Monday after the fourth Monday in April; at the county site of Fall Terms. Nassau county on the second Monday after the fourth Monday SEC. 2. For the fall term, viz.: For the First Judicial Circuit, county on the third Monday after the fourth Monday in Octo- SEC. 3. All laws or parts of laws conflicting with the above Repeal. provisions are hereby repealed. Approved August 5th, 1863. CHAPTER 1,632.—[No. 8.] AN ACT to enforce Mechanics' and Laborers' Lien on Buildings and other Property. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. That mechanics, and all other persons performing labor or furnishing materials for the construction or repair of any building, or who may have furnished any engine or other machinery for any mill, distillery, or manufactory, may have a lien separately or jointly upon the have lien for building which they may have constructed or repaired, or upon work. any buildings, mill, distillery, or other manufactory for which Mechanics to Lien only to terest of con the extent of in tractor. When owner to be liable to sub-contractor. How lien to be acquired. Record. How enforced. they may have furnished materials of any kind, and on the interest of the owner in the lot or land on which it stands, to the extent of the value of any labor done or materials furnished, or for both. SEC. 2. Be it further enacted, That the provisions of this act shall only extend to work done or materials furnished on new buildings, or to contracts entered into with the owner of any building for repairs, or to the engine or other machinery furnished for any mill, distillery, or other manufactory, unless furnished to the owner of the land on which the same may be situated, and not to any contract made with the tenant, except only to the extent of his interest. SEC. 3. Be it further enacted, That any sub-contractor, journeyman, or laborer employed in the construction or repair, or furnishing materials for any buildings, may give notice to the owner thereof in writing, particularly setting forth the amount of his claim and service rendered for which his employer is indebted to him, and that he holds the owner responsible for the same, and the owner shall then be liable for such claim to the extent of the amount due from him to the employer at the time of notice, which may be recovered in action. SEC. 4. Be it further enacted, That any person wishing to acquire such lien upon any property, whether his claim be due or shall file in the office of the clerk of the court for the county not, in which the property is situated, within sixty days after the completion of the building or repairs, notice of his intention to hold a lien upon such property for the amount of his claim, specifically setting forth the amount claimed, and the clerk shall forthwith record such notice, when presented, in a book to be kept for that purpose, for which he shall receive the usual fees. SEC. 5. Be it further enacted, That any person having such lien may enforce the same by filing his complaint in the court having competent jurisdiction of the amount claimed at any time within six months from the completion of the work or furnishing the materials, or if an express credit be given, within six months from the expiration of such credit. SEC. 6. Be it further enacted, That in such actions all persons whose liens are recorded as herein provided may be made parTrial and sale. ties, and issues shall be made up and trials had as in other cases, and the court may, by the judgment, direct a sale of the lands and buildings for the satisfaction of the lien and costs, such sale to be without prejudice to the rights of any prior incumbrances, owner, or other persons not parties to the action. SEC. 7. Be it further enacted, That where several claims have been filed and recorded against the same property, they shall claims to be be satisfied in the order in which actions are brought and judg ments obtained upon them respectively. How several satisfied. SEC. 8. Be it further enacted, That in all proceedings commenced under this act the defendant may file a bond with good and sufficient sureties, to be approved by the clerk of the court in which the action is brought, to the effect that he will pay the judgment that may be recovered with costs, whereupon his property shall be released from the lien hereby created and so sought lien. to be enforced. How property released from Lien upon chattels how enforced. SEC. 9. Be it further enacted, That whenever any person shall entrust to any mechanic or laborer materials to construct, alter, or repair any article of value, such mechanic or laborer, if the same be completed and not taken away, and the fair and reasonable charges not paid, may, after three months from the time such charges become due, sell the same, and such sale shall be at public auction, for cash; Provided, That before any such sale such mechanic or laborer shall give public notice of the time Notice of sale. and place thereof by advertisements posted for ten days in three public places in the county, one of which shall be the court house, and another in some conspicuous part of his shop or place of business, and the proceeds of such sale, after payment of charges Application for construction or repair, with the cost of such sale, shall, if the of proceeds. owner be absent, be deposited with the clerk of the court for said county, where the same shall remain subject to the order of the person legally entitled thereto, and the clerk shall be entitled to receive from all proceeds so deposited with him five per centum on such proceeds for the care and disbursement thereof. SEC. 10. Be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act are hereby declared null and void. Approved August 4th, 1868. CHAPTER 1,633.-[No. 9.] AN ACT relating to Vacancies in Office. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. Every office shall be deemed vacant in the following cases: 1st. By the death of the incumbent. 2d. By his resignation. 3d. By his removal. 4th. By his ceasing to be an inhabitant of the State, district, county, town, or city for which he shall have been elected or appointed. 5th. By his neglect or refusal to qualify according to law within thirty days after personal notice of his election or appointment, or by his refusal to accept the office. When offices shall be deemed vacant. |