Proceedings in Civil Suits.

Bail. The cases in which bail may be demanded depend upon the principles of the common law. The statute has added the requisition of a previous affidavit by the plaintiff of the amount claimed by him, and that he has reason to apprehend the loss of the same, unless the defendant is held to bail. Such affidavit may be made before any judge, justice of the Inferior Court, or justice of the peace within the state, or any judge or justice of a Superior Court of any of the United States. In the latter case, the seal of the state must be annexed thereto, and a certificate of the governor, certifying that the person taking the affidavit is one of the judges of the Superior Court of that state.

Where no bail has been taken on the institution of a suit, or having been required, has been discharged, bail may be required upon a similar affidavit pending the proceedings. (a)

Judgment and execution.-Judgments bind the property of the defendant from their date; but judgments rendered at the same term are to be considered as of equal date, and no execution on such judgment can obtain any priority by being delivered to the officer before other executions on similar judgments. Where, however, a purchaser of property bound by a judgment for a valuable consideration, and without actual notice of the judgment, has been in peaceable possession of the same, if real estate, for seven years, if personal, for four, he cannot be disturbed..

A judgment becomes dormant where no execution has been sued out, or if sued out, not returned for seven years after the date thereof. Any party against whom a judgment has been rendered may obtain a stay of execution for sixty days, upon giving security for the payment of the same and costs.

Writs of execution may be taken out, directed to all or any of the sheriffs of the state, to be levied either upon the real and personal estate of the defendant, or upon his body. The discharge of a debtor imprisoned upon a ca. sa., does not operate as satisfaction of a debt, unless it has been actually paid, and the creditor may take out execution of fi. fa. against his estate. Property seized upon execution must be sold on the first Tuesday of each month. Where real estate is sold, thirty days' previous

(a) H. S. L. 564, 565.

Courts.

notice must be given by advertisement in a newspaper, and also in three of the most public places of the county. (a)

Besides various minor articles exempt from execution, fifty acres of land may be reserved by the head of each family. (b)

Garnishment.-A process of garnishment pending any suit, or after the rendition of judgment, may issue against any person indebted to the defendant, or having effects of the defendant in his hands. Upon this summons, similar proceedings are to be had as in cases of attachment, and judgment entered against the garnishee for the amount confessed or ascertained to be in his hands belonging to the defendant. (c)

11. Courts.

There is in each county an Inferior Court, which has a general common law jurisdiction, except in cases involving the title to real estate, and which holds two terms in the year. There are also eleven Superior Courts, having a general common law and equitable jurisdiction in their respective circuits, and which also hold a spring and fall term in each of the different counties of the state.

(a) H. S. L. 597 to 608.

(b) Ib. 317.

(c) Ib. 560 to 564.

FLORIDA.

1. BONDS, BILLS OF EXCHANGE AND PROMISSORY NOTE.

9. EFFECT OF DEATH UPON THE RIGHTS OF CREDITORS.

1. Bonds, Bills of Exchange, and Promissory Notes.

The assignment or indorsement of any bond, note, deed, bill of exchange, or other writing for the payment of money, vests the assignee or indorsee with all the rights, powers, and capacities of the assignor or indorser. (a)

A scrawl affixed as a seal to any instrument. is as effectual as a seal. (b)

Upon foreign protested bills of exchange, five per cent. damages are allowed. (c)

All promissory notes and other instruments in writing, not under seal, possess the force and effect of bonds and instruments under seal; and it is not necessary for the plaintiff to prove the execution of any bond, note, or other instrument in writing, purporting to have been signed by the defendant, nor the consideration for which the same was given, unless the same shall be denied by the defendant under oath. An exception is allowed to the last provision, in favor of executors and administrators, who may deny the execution of such instrument, or plead a want or failure of (a) Thompson's Digest, 348. (b) Ib. (c) Ib. 349.

Interest.-Frauds.

consideration, by giving reasonable notice in writing of such intention to the plaintiff, his agent or attorney. (a)

2. Interest.

Judgments, and all contracts in which no higher rate of inte rest is expressly reserved, bear interest at the rate of six per cent. per annum. Parties may stipulate for interest at the rate of eight per cent. Where more than eight per cent. is reserved upon any contract, the lender shall forfeit the whole amount of interest then due, to be recovered by a qui tam action. Where a suit is brought upon any note given on account of an usurious contract, the maker or obligor of such note is exonerated from the payment of all interest whatever; and in such case he is a competent witness fo prove the usurious consideration, unless the party against whom the testimony is to be offered will deny upon oath the truth of the same. (b)

3. Frauds.

No mortgage of personal property is valid for any purpose, unless recorded in the county where the property is situated at the time of the execution of the mortgage, except where a bona fide and continuing change of possession takes place within twenty days from the execution of the mortgage. (c)

All loans of goods and chattels, or limitations of a use or property therein, by way of condition, reversion, remainder, or otherwise, in goods and chattels which have remained for five years in the uninterrupted possession of another, unless declared by will or deed in writing, proved and recorded, shall be taken to be fraudulent and void as to the persons remaining in possession. (d)

The statute of frauds is borrowed from the English statute of Chas. II., with no substantial variation, except the addition of the words "promise or" before "agreement." (e) The clause as to contracts for the sale of goods enacts that no contract for the sale of any personal property shall be good, unless the buyer shall accept the goods or part of them so sold, and actually receive the (a) Thom. Dig. 331. (b) Ib. 234. (c) Ib. 183.

(d) Ib. 217.

(e) Ib.

Effect of Marriage upon Rights of Property-Limited Partnerships.

same, or give something in earnest to bind the bargain, or in part payment, or some note or memorandum in writing of the bargain or contract made, and signed by the parties to be charged therewith or their lawfully authorized agents. (a)

4. Effect of Marriage upon Rights of Property.

The husband does not acquire by marriage any right or title to the personal or real property of his wife, which remains her own notwithstanding coverture, and is not liable to be taken on execution for his debts. So, a feme covert may become seized and possessed of such property as fully as a feme sole. Such separate property, to be protected from the husband's debts, must be inventoried and recorded in the county where it is situate, within six months from the marriage or the time of its acquisition. The husband is not liable for the debts of his wife, contracted before marriage, but her property continues to be. On the death of a feme covert, her husband has a child's interest in her property, both real and personal, and if there are no children, then her husband is entitled to administration, and to all her property of every description. In all sales, transfers, or conveyances of the property of the wife, the husband must join. (b)

5. Limited Partnerships.

Limited partnerships, for the transaction of any commercial (other than that of banking or insurance), mechanical, manufacturing, or agricultural business, or for the transportation of persons, produce, or merchandise, were authorized by an act passed in 1838, upon the terms and conditions therein prescribed. Such partnership may consist of one or more persons, who shall be called general partners, and who shall be jointly and severally responsible as in ordinary cases of partnership, and one or more persons who shall contribute a specific sum as capital to the common stock, who shall be called special partners, and who shall not be liable for the debts of the partnership, beyond the sum so contributed by him or them to the capital. The articles of a limited