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Sub-Section 9. That Section 2895, relating to the procurement of Bills of Exceptions for use in Appellate Proceedings, is hereby amended to read as follows:
2895. (1696) Procurement of Bills of Exceptions.“ The Judge of any Court in this State, upon a trial at law ini said Court, shall sign, upon request, any Bill of Exceptions taken during the progress of the cause and tendered to the Court, if said Bill as tendered fairly states the truth of the matter and the exception designed to be taken, and the same shall, when certified and signed by the Judge, become a part of the record of such cause; and in case the Judge refuses to sign a bill of exceptions when so tendered for that purpose, it shall be lawful for three disinterested by-standers to verify and sign the same in the presence of such Judge, and such by-standers shall under their oath state that they and each of them are not related by blood or marriage to any of the parties in said cause, and that they have no interest directly or indirectly in the final result of said cause, that they were personally present when all the matters and rulings stated in said bill of exceptions happened or transpired, and that they have carefully read such Bill of Exceptions, and that it contains a fair, correct and truthful statement of the matters and rulings, therein stated, and that such matters and rulings of the Court as therein stated actually transpired as therein stated, and that said Bill of Exceptions was presented to the said Judge and that he refused to sign it; such oath of such by-standers shall be attached to such Bill of Exceptions, and when so sworn to and signed before such Judge or before some officer authorized by law to administer oaths, such Bill shall be as valid and have the same force as though it were signed by the said Judge of said Court; and the Court shall permit the same to be filed and become a part of the record. And if the said Judge refuses to let the same be filed as aforesaid, the Supreme Court may, when such case is brought before it by writ of error, upon affidavit of such refusal, admit such Bill of Exception as a part of the record.
Sub-section 10. That Section 219, relating to General Elections, be amended to read as follows:
219. (172-173) A Governor, the Administrative Officers of the Executive Department, and the State Senators representing the odd numbered districts shall be elected at a general election to be held in A. D. 1920, and every four years thereafter. State Senators from the even numbered districts shall be chosen in the general election in A. D. 1922, and every four years thereafter. Members of the House of Representatives shall be chosen at every general election. A Clerk of the Circuit Court, County Judge, Sheriff, Superintendent of Public Instruction, a County Surveyor, a County Assessor of Taxes, and a County Tax Collector shall be chosen for each County in this State by its qualified electors at the general election A. D. 1920, and every four years thereafter. A County Board of Public Instruction, consisting of three members, one from each school district, to be elected from the several counties at large of this State, and a Board of County Commissioners of five members, one for each County Commissioner's District, elected from the several counties at large of this State, shall be elected by the qualified electors thereof at every general election. A Justice of the Peace for each Justice District, and a Constable for each Justice District shall be elected by the qualified electors thereof at the general election A. D. 1920, and every four years thereafter.
Sub-section 11. That Section 3793, relating to the use of the word “Trustee” or “As Trustee," be amended to read as follows: 3793. “Trustee" or "As Trustee" added to
name of grantee, grants fee simple estate; proviso.—Every deed or conveyance of real estate heretofore or hereafter made or executed, in which the words "Trustee" or "As Trustee" are added to the name of the grantee, and in which no beneficiaries are named nor the nature and purposes of the trust, if any, are set forth, shall grant, is hereby declared to have granted, a fee simple estate with full power and authority in and to the grantee in such deed to sell, convey and grant both the legal and beneficial interest in the real estate conveyed, unless a contrary intention shall appear in the deed or conveyance; provided, that there shall and did not appear of record at the time of the recording of such deed or conveyance, a declaration of trust by the grantee so described, declaring the purposes of such trust, if any, or that the real estate is held other than for the benefit of the grantee.
Sub-section 12. That Section 3509, relating to Labor Liens, be amended to read as follows:
3509. (2200) For Labor on or for Vessels. In favor of any person performing for himself or others, any labor, or furnishing any materials or supplies for use in the construction of any vessel or water-craft; and in favor of any person performing for himself or others, any labor or service of any kind, on, to or for the use or benefit of a vessel or watercraft, including masters, mates and members of the crew
and persons loading or unloading the vessel or putting in or taking out ballast; upon such vessel or water craft, whether partially or completely constructed and whether launched or on land, her tackle, apparel and furniture,
Sub-section 13. That Section 3633, (2308) relating to the widow's election to take dower instead of the whole estate, be amended to read as follows:
3633. (2308) The widow's election to take dower instead of the whole estate. If a man die intestate in this State without children, being at the time of his death possessed of real and personal property, or either, the wife shall take the whole estate (as provided in Section 3620), or she may by an instrument in writing signed and acknowledged by her before any officer authorized to take the acknowledgment of deeds for record and file and recorded in the office of the County Judge, within one year after the death of her husband, elect to take dower instead of the whole estate.
Sub-section 14. That Section 5127 (3283) relating to "Entering without Breaking,” be amended to read as follows:
5127. (3283) Entering without Breaking. Whoever enters without breaking, any dwelling house, or any of the buildings or structures mentioned in Sections 5125 and 5126, or into any ship or vessel, with intent to commit a felony, shall be punished by imprisonment in the State Prison not exceeding five years, or by fine not exceeding one thousand dollars. If the offender enter having with him, or having entered, take into his possession any high explosive mentioned in Section 5125, he shall be punished by imprisonment in the State Prison not exceeding ten years, or by fine not exceeding two thousand dollars.
Sub-section 15. That Section 1452, relating to canvass and result of election to change a county site, be amended so as to read as follows:
Section 1452 (834). Canvass and Result of Election; Contests.- The County Commissioners shall, not later than five days after the aforesaid election is held, publicly canrass the same, and the place receiving a majority of all the votes cast shall be the county site for the next ten years. That the result declared upon such canvass may be contested by five or more tax-payers, qualified electors who voted in such election for a candidate place other than the place declared elected, by proceeding in Chancery for an injunction against the removal by the County Commissioners of the County Records and County Offices to the place declared elected, or by mandamus to compel the removal of the Countv Offices and Records to the place alleged in such proceed
ings to have been elected; and the court in which any such proceeding shall be properly instituted, shall have full power and jurisdiction to inquire into the legality of such election, the qualification of electors voting therein, and to render judgment or decree in favor of the place duly elected by the qualified electors, and may make such interlocutory orders or decrees, and issue such process as shall be necessary to the protection of its jurisdiction, or may be incidental to the principal relief sought: Provided, that such action shall be brought within three years from the time of such election.
Sub-section 16. That Section 4608, relating to election of Railroad Commissioners is hereby amended to read as follows:
4608 (2882) Election of Commissioners. There shall be three Commissioners elected by the qualified electors of this State who shall hold office for the term of four years. Said Commissioners shall be elected as follows: One at the general election to be held at the time and place of voting for members of the Legislature in the year A. D. 1920, and every four years thereafter, and two at the general election to be held at the time and places of voting for members of the Legislature in the year A. D. 1922, and every four years thereafter, who shall succeed the members of the Railroad Commission now holding office at the expiration of their terms of office. The Commissioners heretofore elected and holding said office shall remain and continue to be Commissioners until the expiration of their terms of office or until lawfully removed.
Sub-section 17. That paragraph seventh of Section 704, relating to property exempt from taxation, is hereby amended to read as follows:
Seventh.-There shall be exempt from taxation, property to the value of Five Hundred Dollars to every widow that has a family dependent on her for support, and to every person who is a bona fide resident of the State, and has lost a limb or been disabled in war or by misfortune.
Sub-section 18. That Section 3562 (2241) Sub-section l-Relating to issuance, direction, and form of distress warrants, be amended so as to read as follows:
Section 3526 (2241) Distress Warrant.
1. Direction and form of. Upon the filing of such affidavit, the Clerk or the Judge if the Court have no clerk, shall issue a distress warrant, directed to the executive officer of the Court, commanding him to levy on property liable to be distrained for the rent, or the advances, and collect the amount claimed in the affidavit, or the value thereof, and to summon the said defendant to appear before the court at a date fixed in the writ not more than ten days from the issuance of the writ. Provided that upon the filing of the alfidavit provided for in the preceding section and before warrant shall issue, the plaintiff, his agent or attorney shall also file a bond with two good and sufficient sureties payable to the defendant in at least double the debt or sum demanded, or if property, in double the value of the property sought to be levied upon, conditioned to pay all costs and damages which the defendant may sustain in consequence of the plaintiffs improperly suing out said attachment or the action dismissed or result in judgment for defendant.
Sub-section 19. That Section 2928, relating to limitation of actions other than real actions, is hereby amended to read:
2928 (1725) Limitations.-Actions other than those for the recovery of real property can only be commenced as follows:
1. Within Twenty Years.-An action upon a judgment or decree of a Court of Record in the State of Florida, and an action upon any contract, obligation, or liability founded upon an instrument of writing under a seal,
2. Within Seven Years.--An action upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States, or of any foreign country.
3. Within Five Years.--An action upon any contract obligation or liability founded upon an instrument of writing not under seal.
4. Within Four Years.--Any action for relief not specifically provided for in this chapter.
5. Within Three Years.--1. An action upon a liability created by statute, other than a penalty of forfeiture; 2, an action for trespass upon real property; 3, an action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property; 4, an action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; 5, and an action upon a contract, obligation or liability not founded upon an instrument of writing, including an action for goods, wares and merchandise sold and delivered, and on store accounts.
6. Within Two Years.--An action by another than the State upon a statute for a penalty of forfeiture; an action for libel, slander, assault, battery or false imprisonment: