1887 Jury. Cases trans feried from Circuit Court. SEC. 18. All trials upon information in this court shall be by a jury of six qualified jurors. SEC. 19. All cases now pending in the Circuit Court of which this act confers jurisdiction upon this court, shall be transferred at once by the Clerk of the Circuit Court to this court, transmitting at the same time to the Clerk of this court all papers connected with such cases, and the County Solicitor shall proceed with the prosecution of the same in accordance with the provisions of this act. Approved May 31, 1887. CHAPTER 3736-[No. 56.] AN ACT to Establish a Criminal Court of Record in the County of Be it enacted by the Legislature of the State of Florida : SECTION 1. That there be, and is hereby established, a CrimCriminal Court inal Court of Record in and for the county of Orange, with the name and style, the officers' jurisdiction and powers hereinafter designated and defined. of Record. Seal. Title. Jurisdiction. SEC. 2. The said court shall be a Court of Record, with a seal to be prescribed and furnished by the County Commissioners, and shall be designated as The Criminal Court of Record of Orange County, Florida." 66 SEC. 3. The said court shall have jurisdiction to try and determine all violations of the criminal laws of the State of Florida not punishable by capital punishment, which arise in Terms of Court. said county. There shall be held at the county seat six terms of said court in each year, and beginning respectively on the sec nd Monday in March, on the fourth Monday in May, on the second Monday in July, on the second Monday in September, on the second Monday in November, and on the second Monday in January of each year. as to writs, &c. Process. SEC. 4. The said court shall have and exercise the same Power of Court power in issuing warrants, attachments and summons as is now had and exercised by the Circuit Courts of this State in criminal cases. All such process shall run throughout the State, and shall be executed in the same manner and by the same officers as the process of the Circuit Courts is executed. SEC. 5. The same rules of procedure and practice which now Rules of Prac obtains in the trial of criminal cases in the Circuit Court shall obtain in this court. tice. SEC. 6. There shall be a Judge of said court appointed by the Judge, how ap- Governor and confirmed by the Senate. The term of office pointed. 1887 shall be for four years, and the salary one thousand dol- itor. SEC. 8. There shall be a prosecuting attorney for said court, to be designated the County Solicitor. Such prosecu- County Solicting attorney shall be appointed by the Governor and confirmed by the Senate. The term of office shall be four Term. years, and the compensation three dollars per day, and the same fees for conviction as are allowed to the State's attorneys, to be paid by the State in the same manner as State's attor- Fees. neys are paid. The powers and duties of such County Solicitor shall be the same as those now exercised by and imposed ties. upon the State's attorneys, except as hereinafter provided. Powers and du SEC. 9. The County Solicitor is hereby allowed the process of this court to compel the attendance of witnesses before Solicitor allowed process him in or out of term at such convenient times and places as as to witnesses. may be designated in the summons, to testify before him as to any violation of the criminal law upon which they may be interrogated, and no writ of attachment or summons for wit- When attachnesses shall at any time be issued from said court except upon ment to issue. the written order of the County Solicitor filed with the Clerk. Each County Solicitor is authorized to administer oaths to all witnesses summoned by the process of this court. SEC. 10. All offences triable by this court shall be prose tion. cuted upon information filed by the County Solicitor under offences tried oath; and the same rules of pleading and practice as now ob- upon informatains in trials by indictment, shall obtain in trials by intormation. All informations shall begin in effect as follows:(Name of County Solicitor), Solicitor for the County of Form of. Orange, prosecuting for the State of Florida in said county; and shall have appended the oath of the County Solicitor, to the effect following: Personally before me came County Solicitor for Orange County, who being duly sworn says that the allegations set forth in the foregoing information are based upon facts that have been sworn to as true, and which, if true, To be sworn to. would constitute the offense; and shall be sworn to before some person qualified to administer an oath. SEC. 11. There shall be a Clerk of the said Court, who shall be elected by the qualified electors of the county at the same Clerk. time and in the same manner as the general election is held in said county, once every four years. Such Clerk shall be the custodian of the dockets, books and papers of said Court and Powers and shall have the same powers, duties and obligations now exercised by or imposed upon the Clerk of the Circuit Court in duties. 1887 criminal matters. His compensation shall be by fees and the same as is now allowed the Circuit Court for services of like Compensation. character, and shall be paid by the State when the defendant is insolvent as provided by law in other criminal cases. to appoint clerk SEC. 12. In case of any vacancy in the office of Clerk of this When Governor Court by death, resignation or removal or by reason of there being no election at which such Clerk could be elected, then and in that case the Governor shall appoint such a Clerk to hold said office until the same can be filled by election. Sheriff. SEC. 13. The Sheriff of the county shall be the executive officer of this Court and his powers, duties and obligations the same as those of the Sheriff while acting as the executive officer of the Circuit Court. His compensation shall be in fees and Fees, how paid the same as now allowed by law for like service performed in the Circuit Court. Such fees shall be paid by the State when the defendant is insolvent as is now provided by law in other criminal cases. Jurors. How drawn. Fees of. Proceedings had on forfeited bonds. Appeals and writs of error, SEC. 14. The same law regulating the drawing, summoning and impaneling of the petit jurors that obtains in the Circuit Court shall obtain in regulating the drawing, summoning and impaneling the jurors in this Curt, except that the jurors for the first week of the term of this Court shall be drawn not less than four days prior to the first day of the said Court. The jurors and witnesses in the said Court as well as witnesses summoned to appear before the County Solicitors shall receive the same fees as jurors and witnesses in the Circuit Court and be paid in the same manner. SEC. 15. When any bond for the appearance of persons charged with crime before this Court shall be forfeited the County Solicitor shall report the same and transmit the paper to the State's Attorney, who shall institute suit upon the same in the Circuit Court as is now provided by law. SEC. 16. All appeals or writs of error prosecuted from the judgments of this Court, whether to the Circuit or Supreme how prosecuted Court, shall be prosecuted in the same way and according to the same rules as govern such proceedings from the Circuit Courts to the Supreme Court in criminal cases. Peremptory challenges. Jury. Cases transferred from Circuit Court. SEC. 17. On the trial of all felonies in this Court the pris oner shall have five peremptory challenges and the State two. SEC. 18. All trials upon information in this Court shall be by a jury of six qualified jurors. SEC. 19. All cases now pending in the Circuit Court of which this act confers jurisdiction upon this Court shall be transferred at once by the Clerk of the Circuit Court to this Court, transmitting at the same time to the Clerk of this Court all papers connected with such case, and the County Solicitor T Red shall proceed with the prosecution of the sime in accordance with the provisions of this act. 1887 When to take SEC. 20. This act shall take effect from and after its passage. effect. CHAPTER 3737-[No. 57.] AN ACT to Establish a Criminal Court of Record in the County of WHEREAS, It appearing from a certificate of the Clerk of the Circuit Court of the county of Duval that a majority of Preamble. the registered voters of the said county have petitioned for the establishment of a Criminal Court of Record in the said county, Be it enacted by the Legislature of the State of Florida: SECTION 1. That there be established in the county of Duval Criminal Court a Criminal Court of Record. established. SEC. 2. The time for holding the terms of the said Criminal Court of Record in the said county of Duval shall be as fol- Terms of Court. lows: On the fourth Tuesday in August, on the fourth Tuesday in October, on the fourth Tuesday in December, on the fourth Tuesday in February, on the fourth Tuesday in April, and on the fourth Tuesday in June. First term of SEC. 3. That the first term of the said Criminal Court of Record shall be held on the fourth Tuesday in August, A. D. court. 1887. Approved June 3, 1887. CHAPTER 3738-[No. 58.] AN ACT to Make all Money and Property of Railroad Companies in the hands of their Officers, Employees or Agents subject to Garnishment for Judgments. Be it enacted by the Legislature of the State of Florida: panies subject SECTION 1. That hereafter all money and property of every kind and character of railroad companies in the hands of their Property of officers, employees or agents shall be subject to garnishment Railroad Comfor all judgments against said companies; and any officer, to garnishment. agent or employee of said companies who is duly served with a writ of garnishment shall be liable thereby, to all intents and purposes, and to the full extent of all money or property in his hands belonging to said company at the time of the service of said writ. SEC. 2. That this act shall take effect immediately upon its approval by the Governor. SEC 3. All laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Approved May 12, 1887. Free passes to delegates to political conventions forbidden. lation of this act. CHAPTER 3739-[No. 59.] AN ACT to Prevent any President, Vice-President, Director, Superintendent or other Officer, or any Agent of any Railroad or Steamboat Company in this State, from Giving, or Knowingly Causing to be Given Transportation over any Railroad within this State between Points within this State, to any Delegate to or Member of any Political Convention in this State, at a Rate less than that Charged to the General Public for such Transportation. Be it enacted by the Legislature of the State of Florida: SECTION 1. That from and after the approval of this act it shall be unlawful for any President, Vice-President, Director, Superintendent or other officer, or any agent, of any railroad company in this State to give, or knowingly cause to be given, transportation over any railroad within this State, between points within this State, to any delegate to or member of any political convention held in this State, at a rate per mile less than that charged to the general public for the same character and class of railroad transportation. SEC. 2. That any President, Vice-President, Director, SuperPenalty for vio- intendent or other officer, or any agent, of any railroad company in this State who shall violate the provisions of the foregoing section of this act shall be deemed guilty of misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $300, or by imprisonment in the county jail not exceeding three months. Repeal SEC. 3. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed; Provided, That nothing herein contained shall prevent railrailroads, steamboats and other transportation companies from excursion rates. making excursion rates as heretofore to delegates to political conventions and members of political parties attending such conventions without favor or discrimination. Proviso as to Approved May 13, 1887. |