tels or effects of said defendant in his or her hands, and such service shall be sufficient to authorize the plaintiff to proceed in his suit against such defendant, as if said writ of attachment had been levied on any property of said defendant; but if said plaintiff shall fail to obtain judgment against any such garnishee, then no judgment shall be rendered against such defendant in attachment, and if judgment shall have been rendered against him, then the same shall be cancelled. (i)

may issue be

SEC. 14. In addition to the cases now provided for by law for Process of the issuing of the process of garnishment, it shall and may be garnishment lawful for the plaintiff or plaintiffs, at any time after the com- fore final mencement of suit and before final judgment, by either him, judgment. her or themselves, agent or attorney at law or in fact, to sue out a writ of garnishment as is now contemplated by law in other cases provided for: Provided, The plaintiff in action, his agent or attorney, before the issuing of such writ of garn- Plaintiff to ishment, shall be required to make affidavit and file the same in the office of the clerk, where the suit is pending, that he does not believe that the defendant will have in his possession visible property in this State and said county upon which a levy could be made sufficient to satisfy such judgment or execution which he believes he shall be able to obtain in the said suit. (j)

make affidavit.

SEC. 15. If the judgment of the court shall be in favor of Costs. the defendant in the suit, then and in that event the plaintiff shall pay all the cost which shall have accrued in consequence

of court.

of suing out said writ of garnishment, and the money brought Money brought into the registry of the court thereby or the judgment obtained into the registry thereon, shall enure to the benefit of and to be controlled and managed by the said defendant as amply and completely as though the same had been rendered in his favor. (j)

shall not abate

SEC. 16. Hereafter, whenever an attachment shall be dis- Dissolution of solved after plea to the action, and there shall have been writ attachment or writs of garnishment issued in the attachment suit, the garnishment. same shall not be dismissed or abate in consequence of a dissolution of the said attachment, but shall remain good and binding and in full force and virtue, and abide the final termination of the action commenced by said attachment. (k)

owner or

vessel or steamboat.

SEC. 17. If any garnishment process shall be served upon Garnishment any owner or master of any steamboat or vessel, the same shall served upon be returned to the first rule day of the court having jurisdic- master of tion, and if no answer is filed a writ of scire facias shall issue returnable to the next rule day, and if no answer be then filed or a return made by the proper officer that the garnishee is not to be found within his bailiwick, the judgment shall be made final and execution shall issue thereon. (1)

SEC. 18. If any person or persons, other than the defendant

(i) Secs. 12, Chap. 43, Act of Dec. 17, 1845.

(j) Secs. 1 and 2, Chap. 1100, Act of Feb. 14, 1861.

(k) Sec. 3, Chap. 1100, Act of Feb. 14, 1861.

(7) Sec. 4, Chap. 1100, Act of Feb. 14. 1861, as amended by Chap. 1938, Act of Feb. 24, 1873.

in garnish

possession by a third person.

Claim to effects or defendants, shall claim the effects in the hands or possession of any garnishee, and shall make affidavit that the said effects are bona fide his or her property, the court shall immediately and without the formality of pleading, direct a jury to be empanelled, to inquire of the right of such property between such claimant and the plaintiff, unless good cause be shown to the contrary; and if the finding of the jury shall be against such claimant, the plaintiff shall recover costs; and if the jury find in favor of such claimant he, she or they shall recover costs against the plaintiff; and if such claim be interposed after a levy on said property, and affidavit is made as aforesaid, then said sheriff or other officer making said levy shall return said execution with his levy thereon and said affidavit of said claimant to the clerk's office from which said execution issued, or to the Justice of the Peace who may issue said execution, and such proceedings shall be had thereon as in other cases of claims made to property taken in execution. (m)

Attachment

of debts owing to judgment debtor.

Service of order shall

bind debts.

Execution may issue against garnishee.

Judgment cred-
itor may pro-

ceed against
garnishee
by writ.

SEC. 19. Upon affidavit made before the clerk of the court in which any judgment has been rendered, either by the judgment creditor or his attorney, stating that said judgment is still unsatisfied, and that any other person is indebted to the judg ment debtor and within the jurisdiction of the court, it shall be the duty of said clerk to issue an attachment or order attaching all debts owing or accruing from such third person to the judgment debtor, to answer the judgment debt; and by the same or any subsequent order or proceeding the person upon whom the said attachment has been served may be ordered to appear before the court to show cause why he should not pay the judgment creditor the debt due from him to the judgment debtor, or so much thereof as may be sufficient to satisfy the judgment debt. (n)

SEC. 20. Service of an order that debts due or accruing to the judgment debtor shall be attached, or notice thereof to the garnishee, shall bind such debts in his hands. (n)

SEC. 21. If the garnishee does not forthwith pay into the court the amount due from him to the judgment debtor, or an amount equal to the judgment debt, and does not dispute the debt due or claimed to be due from him to the judgment debtor, or if he does not appear to the summons, then the Judge may order execution to issue, and it may be sued forth accordingly, without any previous writ or process to levy the amount due from such garnishee towards satisfaction of the judgment debt. (n)

SEC. 22. If the garnishee disputes his liability, the judg ment creditor shall be at liberty to proceed against the garnishee by writ, calling upon him to show cause why there should not be execution against him for the alleged debt, or for the amount due to the judgment debtor, if less than the judgment

(m) Sec. 8. Chap. 43. Act of Dec. 17,

1843.

(n) Secs. 64, 65 and 66, Chap. 1096, Act of Feb. 8, 1881.

debt, and for costs of suit, and the proceedings upon such suit shall be the same, as nearly as may be, as upon writ of sci. fa. (0)

by garnishee

SEC. 23. Payment made by an execution levied upon the Payment made garnishee under any such proceeding as aforesaid, shall be a discharge as valid discharge to him as against the judgment debtor to the against judg amount paid or levied, although such proceeding may be set ment debtor. aside or the judgment reversed. (0)

CHAPTER 110.

GOVERNOR.

14. What shall constitute Cabi- and property of citizens of Flornet of Governor.

(b) Secs. 67 and 68, Chap. 1096, Act of Feb. 8, 1881.

Executive

power, how vested.

Governor, how

and term.

29. When Governor may preserve peaceby the military.

30. County must bear all such expenses of militia: special tax for same to be levied.

32. When Governor to order extra term of court.

33. Governor to appoint Chaplain for Convict Camp.

34. Salary of Chaplain. how

31. What rewards and when paid. Governor to offer them.

SECTION 1. The Supreme Executive power of the State shal! be vested in a Chief Magistrate, who shall be styled the Gov ernor of Florida.

(a)

SEC. 2. The Governor shall be elected by the qualified elecselected, when, tors at the time and places of voting for the members of the Legislature, and shall hold his office for four years from the time of his installation: Provided, That the term of the first Governor elected under this Constitution shall expire at the opening of the regular session of the Legislature of A. D. 1873, and until his successor shall be qualified. He shall take the oath of office prescribed for all State officers. (a)

Oath.

SEC. 3. No person shall be eligible to the office of Governor Who eligible. who is not a qualified elector, and who has not been nine years s citizen of the United States, and three years a citizen of the State of Florida, next preceding the time of his election. (a)

Commanderin-chief.

Shall transact executive business.

May require information from depart

ments.

To see to execution of laws.

May fill

vacancies.

May convene
Legislature.

Power, when convened.

Message to
Legislature.

SEC. 4. The Governor shall be Commander-in-chief of the military forces of the State, except when they shall be called into the service of the United States. (a)

SEC. 5. He shall transact all executive business with the offcers of the government, civil and military, and may require information in writing from the officers of the administrative departments upon any subject relating to the duties of their respective offices. (a)

SEC. 6. He shall see that the laws are faithfully executed. When any office, from any cause, shall become vacant, and no mode is provided by this Constitution or by the laws of the State for filling such vacancy, the Governor shall have the power to fill such vacancy by granting a commission, which shall expire at the next election. (a)

SEC. 7. The Governor may, on extraordinary occasions, convene the Legislature by proclamation, and shall state to both Houses, when organized, the purpose for which they been con vened, and the Legislature then shall transact no legislative business except that for which they are specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in session, except by the unanimous consent of both Houses. (a)

SEC. 8. He shall communicate by message to the Legislature, at each regular session, the condition of the State, and recommend such measures as he may deem expedient. (a)

SEC. 9. In case of a disagreement between the two Houses

(a) Secs. 1, 2, 3, 4, 5, 6, 7, 8 and 9, Art. 5, Const. 1868.

of disagreement

with respect to the time of adjournment, the Governor shall Powers in case have power to adjourn the Legislature to such time as he may as to adjourn think proper: Provided, It is not beyond the time fixed for ment. the meeting of the next Legislature. (b)

commissions.

SEC. 10. All grants and commissions shall be in the name Forms of and under the authority of the State of Florida, sealed by the grants and great seal of the State, signed by the Governor and countersigned by the Secretary of State. (b)

duties of.

SEC. 11. A Lieutenant-Governor shall be elected at the same LieutenantGovernor-time and places and in the same manner as the Governor, whose election of. term of office and eligibility shall also be the same. He shall be the President of the Senate, but shall only have a casting vote therein. In the case of the impeachment of the Governor, Power and or his removal from office, death, inability to discharge his official duties or resignation, the power and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. In case of the impeachment of the Lieutenant-Governor, or his removal from office, death, inability to discharge his official duties or resignation, the power and duties of the office shall devolve upon the President pro tem. of the Senate. In case a vacancy Vacancy in the shall occur both in the offices of Governor and Lieutenant- office of GorGovernor, the Legislature shall, at its next session, order an ernor and Lieuelection to fill such vacancies. But the Governor shall not, ernor. without the consent of the Legislature, be out of the State in

tenant-Gov

of

SEC. 12. The Governor may at any time require the opinion Governor may of the Justices of the Supreme Court as to the interpretation require opinion of any portion of this Constitution, upon any question affect - Supreme Court. ing his executive powers and duties, and the Justices shall render such opinion in writing. (c)

cers.

SEC. 13. The Governor shall be assisted by a Cabinet of ad- Cabinet offiministrative officers consisting of a Secretary of State, Attorney-General, Comptroller, Treasurer, Adjutant-General and Commissioner of Immigration. Such officers shall be appointed How appointed by the Governor and confirmed by the Senate, and shall hold and term of their offices the same time as the Governor, or until their successors shall be qualified. (d) *

office.

SEC. 14. The Governor shall, by and with the consent of the Militia officers, Senate, appoint all commissioned officers of the State mili- how appointed. tia. (d)

points Assessor

SEC. 15. The Governor shall appoint, by and with the con- Governor apsent of the Senate, in each county, an assessor of taxes and a of Taxes and collector of revenue, whose duties shall be prescribed by law, Collector of and who shall hold their offices for two years, and be subject consent of to removal upon the recommendation of the Governor and Senate.

(b) Secs. 10 and 13, Art. 5, Const. of 1868. as amended in 1875 by Arts. 13 and 14 of
(c) Secs. 14 and 16, Art. 5, Const. of 1868, the amendment of 1875.
(d) Secs. 17 and 18, Art. 5, Const. of 1868.

[*This section was amended by Art. 2, amendment of 1871.]

Revenue, with