Minors over eighteenwhen and how to take charge of their estates. SEC. 50. It shall be lawful for minors in this State over the age of eighteen years, who may wish to take charge of and manage their own estates, to apply by petition in chancery to the Judge of the Circuit Court for the circuit in which such minors may reside, for a license to take charge of and manage their own estates; and, upon filing said petition, the Judge to whom it may be addressed shall make an order to refer it to a Master of the court, with directions to take testimony and make inquiry as to the capacity and qualifications of such minors to take charge of and manage their own estates, and to report to the Judge the testimony and his opinion upon the matter referred; and upon coming in and filing of said report and testimony, and upon the hearing thereof, if the Judge shall be satisfied as to the capacity and qualification of the petitioner to take charge of and manage his or her estate, it shall be lawful for the Judge to make an order confirming the report of the Master, and to grant to the applicant a license in accordance with the prayer of the petition; and thereupon such applicants shall be authorized and licensed to take charge of, manage and control their estates, to contract and be contracted with, sue and be sued, and to bind themselves in all respects as fully as if such minors were twenty-one years of age: Provided, That Proviso-notice they shall give four weeks' previous notice of the intention to apply, in some newspaper published in the circuit in which they may reside; and if there be no newspaper published in the circuit, then by written notice posted at the door of the courthouse and two more public places in the county in which they may reside, stating the time, place, and to what Judge the application will be made. (7) to be given. Order of court to be given. Expenses of proceedings by whom paid, Injunction of SEC. 51. It shall not be lawful for any minor, to whom a license may be granted under the provisions of section fifty, to take charge of and manage their own estates until the order and decree granting such license shall have been published four weeks in succession in some newspaper published in the county or circuit; and if no newspaper be published in the circuit, then by posting a copy thereof, for the space of four weeks, at the court-house door and two more public places in the county in which they may reside at the time the said order and decree was made. (7) SEC. 52. The costs and expenses of such application, whether the same be granted or not, shall be a lien upon and paid out of the estate of the applicant, to be taxed and collected as costs in other cases. (1) SEC. 53. The Circuit Courts of the State of Florida, and sale of personal the Judges thereof, shall have equity jurisdiction upon bill property, &c.. filed to enjoin and restrain the sale of all property, real or personal, that is exempt from forced sale, under the Constitution and laws of the State of Florida. (m) exempted. SEC. 54. The Circuit Courts of the State of Florida, and (7) Secs. 1, 2 and 3, Chap. 2058, Act of Feb. 20, 1875. (m) Sec. 1. Chap. 3246, Act of March 7, homestead and the Judges thereof, shall have equity jurisdiction upon bill Setting aside filed to order, adjudge and decree the setting aside the home- personal propstead exemptions and the exemptions of personal property erty exemp from forced sale, under the Constitution and laws of the State of Florida. (m) tions. aside real or SEC. 55. The Circuit Courts of the State of Florida, and Injunction the Judges thereof, shall have equity jurisdiction upon hill against setting filed to enjoin and restrain a sheriff or other officer from set- personal propting aside real or personal property as exempt from forced erty as exempt. sale, when the same is not exempt, and may adjudge and de- Vacation of cree the vacation thereof, and annul all exemptions made and exemption set aside by any sheriff or other officer, when the same has been illegally and improperly made by any sheriff or other officer, and order the sale of the same, or so much thereof as Sale. is legal, equitable and proper to be sold. (m) made. &c. CHAPTER 17. CHANCERY-APPEALS IN. 1. Every final decree, when to be pronounced; appeals from, when and how taken. 2. Appeals may be taken from interlocutory orders, decrees, &c. when to operate as a supersedeas. when and how 2 Fla., 276-400. 398. 14 Fla., 418. SECTION 1. Every final decree shall be made and pronounced Final decree to in open court, or in vacation, and the plaintiff or defendant be pronounced. may appeal from the said decree at any time within two years: Appeal from— Provided, however, That the same shall not operate as a super-taken. sedeas unless the said appeal be taken within the time fixed by law in other cases, or if not taken within that time, upon an 4 Fla., 203-359order of one of the Judges of the Supreme Court, directing the said appeal to operate as a supersedeas, in which event 11 Fla., 281. bond and security shall be given as provided for by law. (a) SEC. 2. Appeals may be taken and prosecuted from any interlocutory order, decision, judgment or decree of the Circuit Courts of this State, when sitting as Courts of Equity; such appeal shall not operate as a supersedeas, unless the Judge of the Circuit Court, or a Justice of the Supreme Court, on in-12 Fla., 395-395spection of the record, shall think fit to order and direct a stay of proceedings; no appeal so allowed shall operate as a 147-281-527-361supersedeas, except on the conditions now prescribed by law in cases of appeals from final judgments and decrees. (m) Secs. 2 and 3, Chap. 3246, Act of March 7, 1881. (a) Sec. 1. Act of Feb. 11, 1832, as (b) amended by Sec. 6, Chap. 521, Act of Jan. (b) Sec. 3. Chap. 521, Act of Jan. 7, 1853. Appeals. 416-434. 381. 15 Fla.. 201. When taken. No appeal to 12 Fla., 416. SEC. 3. This act shall not be construed so as to deprive either party from deferring and postponing the entry of his, her or their appeal until after the entry of the final decree, or end of the cause, as now prescribed by law; nor shall such postponement of the appeal be decreed, held, or taken as an acquiescence in the propriety of any interlocutory order or decree made in the progress of the cause, or any waiver of any error therein. (c) SEC. 4. No appeal from any order, judgment or decree of operate as a su- any Court of Chancery, Probate or other court in this State, persedeas, &c. appointing or removing executors, administrators or other personal representative, or affirming such order, judgment or decree shall operate as a supersedeas, or have the effect of placing or keeping the estate of any deceased person in the possession of the party appealing, unless such party enter into bond with sufficient security, to be approved by the Judge of the court, payable to the Governor of the State for the benefit of all concerned, in a sum at least equal to the value of such estate, conditioned for the payment of all costs and damages that may accrue to all persons whomsoever, by reason of such appeal, if the same should not be prosecuted with success. (d) Appointment of CHAPTER 18. CHANCERY-MASTERS IN. 1. Judges of Circuit Court to ap- when ex-parte proceedings alpoint masters. 2. Oath of masters. 3. Duties. 4. Powers. owed. 11. Master to speed proceedings. 12. Proceedings to be had at the SECTION 1. Judges of the Circuit Courts, in their respective Circuits, may appoint as many masters in chancery as such (c) Sec. 4, Chap. 521, Act of Jan. 7, 1853. (d) Sec. 2, Act of March 15, 1844. Judges may find necessary, who shall receive the appointment in writing from the Judge making the same, which shall be recorded on the minutes of the court, and shall continue in office until removed by the court. (a) 12 Fla., 310. SEC. 2. Every person appointed master in chancery shall Oath of. take the oath required of officers by the Constitution and laws of this State, before he shall proceed to discharge any of the duties of his said office; and such oath shall be entered at full length on the order book of the court by which such master is appointed. (a) SEC. 3. Every such master in chancery shall perform, under Duties. the direction of the court, all the duties which, according to the practice in chancery, appertain to the office. (a) Powers. SEC. 4. Such master in chancery shall have power to administer all oaths and affirmations which are required by law, and to take and certify affidavits and depositions, to issue subpœnas for witnesses whose testimony is to be taken before him, 5 Fla., 448. and shall have the same power to compel the attendance of 5 Fla., 516. witnesses and to punish for contempts, as is given to Justices of the Peace. (a) 9 Fla., 22. whom executed SEC. 5. All subpoenas and process necessary to the exercise subpoena-by of the duties of the office of a master in chancery, shall be executed and returned by the sheriff or any constable of the county, to whom the same may be directed. (a) SEC. 6. Said master in chancery, for administering oaths, Fees. issuing process, and taking affidavits and depositions, and such like services, shall be allowed the same fees as other officers for similar services; and where no specific fees are specified the court shall make such allowance for the service performed, as shall be just and reasonable; and all such costs shall be taxed as a part of the costs in the case in which they may have accrued. (a) When to sell SEC. 7. The court may require masters in chancery, when ap- property, and pointed, to dispose of property, real and personal, and when act as receivers. appointed as receivers, and when the same is not otherwise pro- Bond. vided by law, to give bond and surety, in such manner, and 6 Fla., 142. with such penalty, for the payment over of all moneys which 13 Fla, 33. may come to their hands, and for the due performance of their 14 Fla., 267-418. duties, as the court may direct. (a) 12 Fla., 301-315. 15 Fla.. 201. SEC. 8. Such bond shall be made payable to the State of To whom Florida, and shall be for the benefit of all persons affected or payable. aggrieved by any act or mal-conduct of the person required to give such bond; and suits may be maintained, and judgment Suits on. given therein, as in the case of bonds of officers or trustees who are required by law to give bond. (a) when to cause SEC. 9. Whenever a reference of any matter is made to a Opposite party, master in chancery to examine and report thereon, the party matters to be at whose instance, or for whose benefit the reference is made, heard. shall cause such matter to be presented to the master for a (a) Secs. 1, 2, 3, 4, 5, 6, 7 and 8, Chap. 51, Act of Dec. 27, 1845. Hearing-time, tice of. hearing, within the time limited by the court for such hearing; and if such party shall omit so to do, the adverse party shall be at liberty forthwith to cause proceedings to be had before the master, at the costs of the party procuring the reference. (a) SEC. 10. Upon every such reference it shall be the duty of the place, and no- master, as soon as he reasonably can after the same is brought before him, to assign a time and place for proceeding therein, and to give due notice thereof to each of the parties or their counsel; and if either party shall fail to appear at the time and place appointed, the master shall be at liberty to proceed ex parte, or in his discretion to adjourn the examination and proceedings to a future day, giving notice to the absent party or his counsel of such adjournment. Party failing to appear. To speed proceedings. Proceedings at the hearing. What docu (b) SEC. 11. It shall be the duty of the master to proceed with all reasonable diligence in every such reference, and with the least practicable delay; and either party shall be at liberty to apply to the court for an order to the master to speed the proceedings, and to make his report, and to certify to the court the reasons for any delay. (b) SEC. 12. The master shall regulate all the proceedings in every hearing, when not otherwise specially instructed by the court, and administer all oaths and affirmations, and generally do all other acts, and direct all other inquiries and proceedings in the matters before him, which may be necessary and proper to the justice and merits of the case and the rights of the parties. (b) SEC. 13. All affidavits, depositions and documents, which ments may be have been previously made, read or used in the court, upon any proceedings in any cause or matter, or when so directed by the court, may be used before the master. (b) used before. Evidence in writing. Report of. Where filed. Fees of witnesses, &c., and SEC. 14. The evidence upon all examinations shall be taken down in writing by the master, or by some other person by his order, in his presence, and be filed with his report. (b) SEC. 15. In the reports made by the master to the court no part of any state of facts, charges, the deposition, affidavit, examination or answer, already on file in the cause used before him, shall be stated or recited; but such state of facts, charge, affidavit, deposition, examination or answer shall be identified, specified and referred to, so as to inform the court which state of facts, charge, affidavit, deposition, examination or answer were used by the master. (b) SEC. 16. The master, as soon as his report is ready, shall return the same into the clerk's office, and such report shall be filed by the clerk, and the return thereof noted on the order book of the court. (b) SEC. 17. The fees of witnesses before the master, and for compensation issuing process for their attendance, shall be the same as allowed in cases in the Circuit Court; and for all matters and of master in chancery. (a) Sec. 9, Chap. 51, Act of Dec. 1845. (b) Secs. 10, 11, 12, 13, 14, 15 and 16, Chap. 51, Act of Dec. 27, 1845. |