Affidavit of prejudice. Circuit Judges tice from one or two of the Judges of said court, by reason of the prejudice of such Judge or Judges, then such Judge or Judges shall be disqualified to sit in such case, and thereupon the Judge or Judges not embraced in such affidavit shall call in one or two Circuit Judges, as the case may require, who, to be called in. with said qualified Judge or Judges of the Supreme Court, shall constitute the court for the adjudication of such case: Provided, That not more than two Judges of the Supreme Court shall be disqualified to sit in any one case under the provisions hereof. (r) Circuit Court Affidavit of prejudice. How Circuit Judges to be called in. Authority. Judges or Jus. tices of the preside in certain cases. SEC. 23. That the Circuit Judge or Judges who shall be called in, as provided for in the preceding section, shall also be disqualified to sit in the case, provided that any party to the case pending in said Supreme Court, or his or her attorney, shall make the affidavit provided for in the preceding section, as to the prejudice of said Circuit Judge or Judges. (r) SEC. 24. Whenever any of the Justices of the Supreme Court shall be disqualified or disabled, on account of interest or otherwise, to hear and determine any cause or matter pending in said court, or brought before it, it shall be the duty of the clerk of said court, upon the suggestion of the Justice or Justices not so disqualified, to notify the same to one or more of the Judges of the Circuit Court, and request his or their attendance in said Supreme Court at a time to be named, when the said cause or matter may be heard; and it shall be the duty of such Circuit Judges, upon receiving such notice, to attend at the time designated at the Supreme Court-room; and said Judge or Judges shall be invested with full authority to hear and determine such causes as members of said Supreme Court. (s) SEC. 25. No Judge of any court or Justice of the Peace shall sit or preside in any cause to which he is a party, or in Peace may not which he is interested, or in which he would be excluded from being a juror by reason of interest, consanguinity, or affinity to either of the parties; nor shall he entertain any motion in the cause other than to have the same tried by a competent tribunal. (t) Judge shall re SEC. 26. The Judge or Justice so incompetent shall retire of tire of his own his own motion, and without waiting for an application to motion. that effect; that any and all judgments, decrees and orders, Judgments ren- made by a Judge or Judges so incompetent, shall be of no dered by incom- force or validity, and are hereby declared to be null and void, except an order for the trial of the case as hereinbefore provided. (t) petent tribunals void. Successor to mine motion. SEC. 27. When any Judge or Justice of the Supreme or Cirhear and deter. cuit Courts shall resign, die, or be convicted on impeachment, all motions pending before him shall be heard and determined before his successor, and parties making any motions before such Judge or Justices shall suffer no detriment by reason of (r) Secs. 1 and 2, Chap. 3120, Act of March 8, 1879. (8) Chap. 1884, Act of Feb. 14, 1872. the resignation, death, or impeachment of such Judge or Justice. (u) ment. SEC. 28. All Judges or Justices when they resign or are con- Disposition of victed on impeachment, shall file all the papers in their pos- on resignation papers by Judge session or control, connected with all motions pending before or impeachthem, with the clerk of the county in which the cause is pending in which such motions are made; and the executor or ad- By executor or ministrator of any Judge or Justice who dies pending any of deceased motion before him, shall file all papers found among the papers Judge. of his or her intestate or testator with the clerk of the court where the cause is pending. (u) SEC. 29. Any Judge or Justice of the Supreme or Circuit Court who, upon resignation or being impeached, fails to comply with the provisions of this law, shall, upon his conviction, be fined not exceeding five hundred dollars, or imprisoned not exceeding one year in the county jail, or both, at the discretion of the court. (u) administrator Penalty. Court of Ap of. SEC. 30. That the files, rolls and books of record of the Court of Appeals of the late Territory of Florida, so far as peals-records the same, by the concurrence of the Congress of the United States, and the General Assembly of this State, may relate to matters of appropriate State authority and jurisdiction, be and are hereby placed in the custody and under the control of the Supreme Court of this State, and shall be deemed, held and taken to be the files, rolls and records of the said Supreme Court; and the said court may lawfully have and exercise such judicial cognizance and power over them, as the said court may lawfully have and exercise over its own files, rolls and records. (v) -records of. SEC. 31. The files, rolls and books of record of the Superior Superior Courts Courts of the several districts of the late Territory remaining in the clerk's offices of the respective counties, so far as the same, by the concurrence of the Congress of the United States, and the General Assembly of this State, may relate to matters of appropriate State authority and jurisdiction, be and are hereby placed in the custody and under the control of the Circuit Courts of this State in the respective counties thereof, where the said Superior Courts were held and the records kept, and shall be deemed, held and taken to be files, rolls and records of the said Circuit Courts; and the said Circuit Courts may lawfully have and exercise such judicial cognizance and power over them, as the said courts may lawfully have and exercise over their own files, rolls and records. (v) SEC. 32. All judicial power and action heretofore had over Judicial acts. the files, rolls and records of the courts of law and equity, established under the late Territorial Government, by any of the courts of this State, be and are hereby declared and made as valid and effectual in law as if such judicial cognizance, 1) Secs, 1, 2 and 3, Chap. 2007, Act of (r) Secs. 1 and 2, Chap. 520, Act of Jan. 5, 1853. Final processexecution of. power and action had been heretofore authorized and allowed by law. (v) SEC. 33. The sheriffs of the several counties of this State may execute any writ of fieri facias or other final process issued by or under the authority of any of the courts of the late Territory of Florida, whether the same be directed to the Marshals of the Territory of Florida or to the sheriffs thereof, prior to the 3d day of March, 1845, or subsequent thereto, under the provisional government established by the 17th article of the Constitution, and prior to the regular organization of the government of this State, under the Constitution; and such execution by the said sheriff, shall be deemed, held, and taken justifiable under the said process, and as good and valid as if the same had issued from or under the authority of the proper courts of this State, and directed to the sheriffs of this State, as now required by law. (¿) Felonies and CHAPTER 54. CRIMES FELONIES-OFFENCES AGAINST THE SOVEREIGNTY OF 1. Felonies and misdemeanors ment; penalty. defined. 5. Combination to levy war 2. What shall constitute trea- against the State or its inhabison; penalty for treason. 3. What shall be misprision of treason; penalty. 4. Combination to usurp govern tants; penalty for. 6. Persons exciting sedition or insurrection, how punished. SECTION 1. Any crime punishable by death or imprisonment misdemeanors in the State penitentiary is a felony; and no other crime shall defined. be so considered. Every other offence is a misdemeanor. 13 Fla., 670, What shall constitute treason. Penalty for. Misprision of treason. (a) SEC. 2. Treason against the State shall consist only in levying war against the same, or in adhering to the enemies thereof, or giving them aid and comfort. Whoever commits treason against this State shall be punished by imprisonment in the State penitentiary for life at hard labor. (b) SEC. 3. Whoever, having knowledge of the commission of treason, conceals the same, and does not, as soon as may be, disclose and make known such treason, to the Governor or one of the Justices of the Supreme Court, or a Judge of the Circuit Court, shall be adjudged guilty of the offence of mispris ion of treason, and be punished by fine not exceeding one thou (v) Secs. 3 and 4. Chap. 520, Act of Jan. 5, 1853. (a) Sec. 1, Sub-Chap. 11, Chap. 1637, Act of Aug. 6, 1868. (b) Secs. 1 and 2, Sub-Chap. 2. Chap. 1637. Act of Aug. 6, 1868. sand dollars, or by imprisonment in the State penitentiary not exceeding five years. (b) to usurp gov. SEC. 4. If two or more persons shall combine by force to Combination usurp the government of this State, or to overturn the same, ernment. or interfere forcibly in the administration of the government, or any department thereof, the person so offending shall be punished by imprisonment in the State penitentiary for a period not exceeding ten years nor less than one year. (b) to levy war SEC. 5. If two or more persons shall combine to levy war Combination against any part of the people of this State, or to remove them against State. forcibly out of this State, or to remove them from their habitations to any other part of this State by force, or shall assemble for such purpose, every person so offending shall be punished by imprisonment in the State penitentiary for a period not exceeding five years, or by fine not exceeding one thousand dollars. (b) citing insur SEC. 6. If any person shall excite an insurrection or sedition Persons examongst any portion or class of the population of this State, rection. or shall attempt by writing, speaking or by any other means, to excite such insurrection or sedition, the person or persons so offending shall be deemed to be guilty of a felony, and, upon conviction, shall suffer death. (c) Homicide. Marder in first degree. Murder in sec ond degree. 12 Fla., 117-562. 13 Fla.. 636. 14 Fla., 499, 15 Fla., 591. of manslaughter in third degree. 16. Physician who causes death 17. What to be deemed manslaughter in fourth degree. 18. What other killing to be deemed manslaughter in fourth degree. 28. Penalty for assault to murder or maim the person. 29. Penalty for assault with intent to murder. 30. Penalties for attempts to murder by poisoning, drowning or strangling. 31. Penalty for assault and robbery. 32. Penalty for assault with intent to rob. 33. Penalty for robbery without dangerous weapon. 34. Penalty for assault with in 19. Punishment for different de- tent to steal. grees of manslaughter. 20. Punishment for manslaugh ter in fourth degree. 21. Penalty for conspiring to murder. 35. Repeal of certain statutes. 36. Penalty for rape. 37. Penalty for assault with intent to rape. 38. Penalty for threat to accuse 22. What to be considered justi- another of crime. fiable homicide. 23. Other offences to be considered justifiable homicide. 24. What to be considered excusable homicide. 25. Penalty for throwing or shooting into a locomotive. 26. Penalty for injury to railroad bridges, &c. 39. Penalty for false imprisonment, kidnapping or selling labor unlawfully. 40. Where the offences mentioned in preceding section to be tried. 41. Penalty for mingling poison with food or water. 42. Penalty for assault to com27. Penalty for malicious injury mit burglary, rape, robbery or to the person. manslaughter. SECTION 1. The killing of a human being without the authority of law, by poison, shooting, stabbing or any other means, or in any other manner, is either murder, manslaughter, or excusable or justifiable homicide, according to the facts and circumstances of each case. (a) SEC. 2. Such killing, when perpetrated from a premeditated design to effect the death of the person killed, or any human being, shall be murder in the first degree, and the person who shall be convicted of the same shall suffer the punishment of death. When perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual, it shall be murder in the second degree, and shall be punished by imprisonment in the State penitentiary for life. When perpetrated without any de (a) Sec. 1, Sub-Chap. 3, Chap. 1637, Act of Aug. 6, 1868. |