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ders of the Judge of the County Court were shown by the defaulting executor or administrator. (8)

Who may

insti

SEC. 89. Proceedings for the commitment of such defaulting administrator or executor may be instituted by the Judge of tute proceedthe County Court, sua sponte, or by any creditor, legatee, dev- ings to commit. isee, heir, distributee or by the sureties, or either of them, or in case of a sole executor or administrator by his successor, in addition to the other parties, and in cases where there is more than one executor or administrator, by the remaining executor or administrator as well as the parties before mentioned. (8)

of removed ex

to be sued.

SEC. 90. In all cases where an administrator or executor is Upon two removed, and he is in default for two months, either in the de- months' default livering of any portion of the estate, or in the payment of the ecutor, his bond balances due to the new administrator or executor, it shall be the duty of the new administrator or executor, or the remaining executor or administrator, to put in suit the administration or testamentary bond of such removed administrator or executor. In all cases where there is no bond the new administrator 4 Fla., 56. or executor, or the remaining executor or administrator, shall institute an action for the recovery of the money due, or the value of the property retained, or both, as the case may be. In either of the cases stated in this section an attachment may Attachment issue against the property of the removed administrator or may issue against propexecutor upon affidavit of the new or the remaining executor erty of removed or administrator, his agent or attorney, that he is a removed executor, when. executor or administrator, and is in default for two months in the delivering of any portion of the estate, specifying what portion and its value, or that he is in default for two months in the payment of the balance due, specifying the amount. When this attachment is issued bond shall be given as in other cases of attachment; Provided, however, That in all cases where there has been personal or constructive service, or an appearance, the suit shall not abate by dissolution of the attachment. (s)

when and how

1 Fla., 322-384. ga

SEC. 91. If any executor or executrix, administrator or ad- Discharge, ministratrix, shall be desirous of obtaining a discharge from obtained. his or her executorship, or administratorship, it shall be competent for him or her to receive the same upon application to the Judge of the County Court or other person charged with the duties of ordinary: Provided, That six months' notice of such intended application be given in one or more of the zettes nearest the place where the letters were granted: And provided also, That it shall appear that the said applicant has faithfully and honestly discharged the trust and confidence reposed in him or her; and the discharge so obtained shall be Effect of dis taken to operate as a release from the duties of executor or ex- saving. ecutrix, administrator or administratrix, and shall furthermore operate as a bar to any suit against the person so having acted as executor or executrix, administrator or administratrix, un

(*) Secs. 8, 9, and 10, Chap. 1733, Act of Feb. 19, 1870.

charge and

Circuit Judge, when to act.

less the same be commenced within five years from the date of said discharge; saving to all persons non compos mentis, infants, imprisoned, or beyond the seas, who may have had any interest in the said estate, two years from the time of the removal of any disabilities herein enumerated. (†)

SEC. 92. In all cases where the said judge or other person acting as ordinary, shall be the applicant for a discharge, it shall be the duty of the Judge of the Circuit Court to perform the duties herein before required of the said judge, or other person acting as ordinary. (t)

Newspaper.

Posting.

Small estate act.

Publisher's compensation.

CHAPTER 3.

ADVERTISEMENTS.

1. Advertisements, when to be published, or posted. Saving as

to small estates.

2. Publisher's compensation.

SECTION 1. Official and legal advertisements relating to any proceeding in the Supreme, Circuit, County or Probate Court, and all legal notices and advertisements of Sheriffs and Collectors of Revenue, shall be published in some newspaper published within the county where such officer or person is required to make publication; and if no newspaper is published in such county, then by posting at the Court-house door and three other public places in the county; but this section shall not operate to repeal any of the provisions of an act to be entitled an act to save small estates from wasteful costs, and to facilitate the settlement thereof, approved February 19, 1872. (a)

SEC. 2. The publisher of any paper publishing any official notice or legal advertisement, shall not charge more than one dollar per inch for the first insertion, and fifty cents per inch for each subsequent insertion, in single column, nonpareil type; and when any official notice or legal advertisement is required by law to be published more than two months, the charge shall not exceed three-fourths of the above rates for all the excess of time above two months of said publication. (a)

(1) Secs. 5 and 6, of Act of February 16, 1834.

(a) Secs. 2 and 3, Chap. 3022, Act of Feb. 27, 1877.

CHAPTER 4.

APPRENTICES.

1. Poor orphans to be bound out as apprentices.

2. Judge of County Courts to hear complaints of apprentices against masters.

3. Parent or guardian may apprentice child under sixteen years of age; conditions of articles of apprenticeship.

4. When assent of child to be bound out required.

5. Children of vagrants to be bound out.

6. Children of paupers to be bound out.

7. Children abandoned by father to be bound out; assent of mother required.

8. Penalty for enticing apprentice to leave person to whom bound. 9. Certain minors deemed orphans.

Poor orphans

SECTION 1. Every poor orphan, who has not estate sufficient for his maintenance out of its profits, shall, by order of the to be bound out Judge of the County Court, be bound out as an apprentice until he arrives at the age of twenty-one years, if a boy, and the age of sixteen, if a girl, to some master or mistress, who shall covenant to teach the said apprentice some art, trade, or business, to be particularized in the indenture, and also to teach him or her reading, writing, and arithmetic, and to give him or her a new suit of clothes when he or she arrives at that age. (a)

against masters

SEC. 2. Every Judge of the County Court shall hear the complaints complaints of apprentices or hired servants, being citizens of of apprentices the United States, who reside within the jurisdiction of such court, against their masters or mistresses, alleging an undeserved or immoderate correction, insufficient allowance of food, raiment, or want of instruction; and the said court shail determine the complaints in a summary way, and make such orders for their government or removal as to said judge may seem proper. (a)

be bound out as apprentices.

SEC. 3. It shall be lawful for any parent or guardian, having Children may the control of a child under sixteen years of age, with the approval of the Judge of the County Court of the county in which such parent or guardian may be a resident at the time, ("and where there are no parents or guardians" it shall be the duty of the judge,) to bind out as an apprentice the said child, for any period not to extend beyond the time when such child shall arrive at the age of twenty-one years, if a male, and eighteen years, if a female, to some suitable person, who shall covenant in the articles of apprenticeship to teach the Conditions of said apprentice some art, trade, husbandry, or other business, to be particularized in said articles, and also the elements of reading and writing, and to give him or her a new suit of

(a) Secs. 2 and 3, Act of Nov. 20, 1828.

indentures.

Assent of child

clothes, blanket and shoes at the expiration of said term of apprenticeship. (b)

SEC. 4. In all cases when the child proposed to be apprenwhen required. ticed under the provisions of the above section, shall be of the age of sixteen years or over, his or her assent, to be evidenced by his or her signature to the articles of apprenticeship, shall be required to give validity to the same. (c)

Children of vagrants to be bound as apprentices.

Children of paupers to be bound apprentices.

Abandoned children to be bound apprentices.

Punishment for enticing any apprentice to leave the person to whom bound.

Certain minors deemed orphans.

To be provided for.

SEC. 5. In all cases when a parent having control of a child under sixteen years of age, shall be adjudged to be a vagrant, the court rendering the judgment shall also proceed to bind out such child as an apprentice agreeably to the provisions of section three. (c)

SEC. 6. Whenever any person shall apply to be placed upon the pauper list of the county, the Board of County Commissioners, upon granting the application, may in their discretion require that the children of such applicant, under the age of sixteen years, shall be bound out as apprentices, upon the terms prescribed in the third section. (d)

SEC. 7. Whenever any child under sixteen years of age shall be abandoned by the father, and for whom he fails to provide support and maintenance, such child may be bound out by the Judge of the County Court, but no such child shall be bound out unless with the assent of the mother, or unless she be unable or neglects to provide for its support and maintenance. (d)

SEC. 8. If any parent, guardian, or other person shall in any manner entice, take, carry away, or harbor, or cause the same to be done, any child from the possession or service of another, after said child has been apprenticed as above, the said parent, guardian or other persons so offending shall be guilty of a misdemeanor, and upon conviction shall return said apprentice, and be fined in a sum not exceeding one thousand dollars, or imprisonment not exceeding six months, at the discretion of the court. (e)

SEC. 9. All minor children whose fathers shall have died insolvent, and whose mothers shall be unable to support and maintain or provide properly for such children, shall be deemed and considered as orphans, and shall be provided for as other orphans now are under the laws of this State. (ƒ)

(b) Sec. 1, Chap. 1471, Act of Jan. 12, 1866, as amended by Chap. 1557, Act of Dec. 6, 1866.

(c) Secs. 2 and 3, Chap. 1471, Act of Jan. 12, 1866.

(d) Secs. 4 and 5, Chap. 1471, Act of Jan. 12, 1866.

(e) Sec. 6, Chap. 1471, Act of Jan. 12, 1866, as amended by Chap. 1557, Act of

Dec. 6. 1866.

(ƒ) Sec. 1, Chap. 1123, Act of 1861.

CHAPTER 5.

ARBITRATION.

1. All persons may submit controversies; how matters in difference may be submitted.

2. How submission to be made rule of court.

3. Guardians and executors may submit certain controversies to arbitration.

4. Jurisdiction of equity courts. 5. Certain awards to have force and effect of judgments of Justices of the Peace.

tors; power and duty of arbitra-
tors.

7. Fees of arbitrators.
8. Fees of witnesses.

9. For what causes arbitration
may be set aside.

10. Exceptions to arbitration ; how and when to be made.

11. Trial of exceptions; how to be had.

12. When judgment on award to be entered of record; force and

6. Oath to be taken by arbitra- effect of such judgment.

may submit

SECTION 1. It shall and may be lawful for all persons desir- All persons ous of ending any matter of difference, controversy or quarrel, controversies. in which any action at law or in equity will lie, or in which any action or suit has been commenced and is pending, to agree that their said matter of difference, controversy or quarrel shall be adjusted and determined by arbitration, and to ap-2 Fla. 127. point one or more arbitrators, with an umpire, to adjust and determine the same; the matters in difference between the parties shall thereupon be submitted to the said arbitrator or arbitrators by bond, covenant or other agreement in writing, and stipulation. the parties aforesaid may stipulate and agree, either in said bond, covenant or agreement, or by a separate agreement, that the said submission to arbitration shall be made a rule of any court of record in this State. (a)

SEC. 2. When any submission is intended to be made a rule Rule of court. of court as aforesaid, an agreement to that effect in writing, signed by the parties, shall be filed in the office of the clerk of 2 Fla., 448. the court of which said submission is to be made a rule, and the clerk shall thereupon enter said rule. (a)

executors may

SEC. 3. Controversies and suits in which infants are inter- Guardians and ested may, in like manner when made a rule of court, be sub- submit. mitted to arbitration by consent of their lawful guardian; and executors and administrators may also submit to arbitration any matter in dispute or controversy in relation to the goods, chattels, debts and credits of their testator or intestate. (a)

SEC. 4. Nothing in this law contained shall deprive any party Jurisdiction to any submission not made a rule of court as aforesaid from of equity seeking relief in the courts of law or equity. (a)

courts.

SEC. 5. In all cases in which magistrates shall have juris- Before diction the parties may submit their difference to arbitration, Justices.

(a) Secs. 1, 2, 8 and 9, Act of November 17, 1828.

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