moned to answer him in an action of ejectment, for that whereas dollars, and refuses to deliver the possession of said land to the said plaintiff, or to pay him the profits thereof. (a) SEC. 2. The plea of not guilty, put in by the defendant, shall Ple of not put in issue the title of said land in controversy. (a) guilty puts in issue the title. SEC. 3. The ordinary writ of summons may be issued in all Ordinary writ suits in ejectment in this State, and in no case shall it be nec- of summons may issue. essary to serve a copy of the declaration in such suits upon the defendant or defendants therein. (b) shall state. SEC. 4. The verdict in actions of ejectment shall, when for What verdict the plaintiff, state the quantity of the estate of the plaintiff, and describe the land by its metes and bounds, by the number of the lot or other certain description. (c) SEC. 5. The judgment awarding possession shall, in like what judgment manner, state the quantity of the estate, and give description shall state. of the land recovered. (c) possession. SEC. 6. The plea of not guilty in ejectment shall be held to Plea of not admit the possession of the defendant, or in case of an adverse guilty admits claimant, the adverse claim of the defendant. Should defend- Special plea to ant wish to deny possession, or that he claims adversely, it shall possession, &c. be done by special plea. (c) (1) CHAPTER 97. ELECTIONS. 1. Who considered qualified electors; oath of electors. 2. Persons not qualified to vote. 3. When naturalized citizens to produce certificate of naturalization, or a certified copy of his declaration of intention. 4. Power of Legislature to enact certain laws pertaining to the disqualification of voters. 6. Legislature to enact registration laws. 7. When Legislature to make educational qualification for electors. 8. Legislature to pass certain laws regulating elections; to prescribe certain penalties for violations thereof. 9. Plurality of votes to consti 5. What elections by ballot and tute an election. what viva voce. (a) Secs. 1 and 2, Chap. 999, Act of Dec. 20, 1859. 10. Day of general election; (b) Sec. 1, Chap. 1117, Act of Feb. 13, 1861. (c) Secs. 1, 2 and 3, Chap. 3244, Act of Feb. 22, 1881. (1) 6 Fla., 741; 11 Fla., 374, 340; 13 Fla., 602; 14 Fla., 438; 16 Fla., 189, 773, 328, 261; 9 Fla., 374; 13 Fla. 381. what officers to be voted for. 11. Day of election of certain officers. 12. When special elections are to be held. 13. When special election to be held for Members of the Assembly or State Senate; when to be held for any vacancy not heretofore particularly mentioned. 14. When proclamation for the holding of special elections to be issued. 15. When Secretary of State to issue proclamation of general election; notices, when and by whom published or posted. 16. Who qualified to vote; who disqualified. 17. Duties of County Commissioners as to dividing counties into Election Districts; as to Precincts; descriptions of Districts and Precincts to be recorded; descriptions of Districts and Precincts to be published; duty of County Commissioners when Precinct or voting place is changed. 18. Construction of above law as to changing boundary of Election Districts. 19. Duty of County Commissioners as to revision of registration list; as to summoning witnesses for such revision; costs and fees in such cases; registration books to be completed and bound; what registration books shall contain; annual revision of such books to be made; names of persons erased to be published; how names of persons improperly erased to be restored; when County Commissioners to hold special meetings to hear complaints of persons aggrieved method of proceeding when person wishes to change his registration District; pay of Commissioners for performing these duties; expenses of these proceedings, how paid; when County Commissioners to appoint Inspectors of Elections; names of Inspectors to be published; penalty for any officer for failure to perform the duty prescribed by this law. 20. Duty of Clerk as to certifying registration lists; Clerk to appoint deputy registration officers; to provide such officers with proper books; what books shall contain ; oath of registration officer; duties of registration officers. 21. Who shall be entitled to vote. 22. Duty of Clerks about preparing lists of electors for inspection; such lists to be distributed to Inspectors of Election; penalty of Clerk for violation of this law. 23. In case Inspector fails to qualify, manner of filling vacancy; manner of choosing Clerk of Election; oath of Inspectors and Clerk. 24. When polls to be opened and closed; adjournment for dinner allowed; where ballot-box to be kept during adjournment; representatives of the different political parties allowed to be present when vote is canvassed. 25. What ballot shall contain. 26. Manner of voting; what ballot shall be composed of. 27. When voting to fill a vacancy, what ballot shall contain. 28. When challenge of elector allowed; oath of party challenged ; oath of person whose name is not on registration list; two witnesses required. 29. How ballot-boxes shall be constructed; Clerk to be custodian of such boxes. 30. Ballot-box to be publicly opened before voting commences. 31. Manner of receiving and depositing ballot in box. case of a tie in vote for county offi- 40. Who shall compose Board of 32. Power of Inspectors of Elec- State Canvassers; manner of con tion as to preserving order. 33. Manner of conducting can vass by Inspectors. ducting canvass; what certificate 34. When certain ballots may be certificate to be published. destroyed. 35. When result of canvass to be proclaimed; representatives of different parties to have certificate of canvass if desired; manner of making Inspector's return. 36. Who shall compose County Canvassing Board; from what canvass shall be made; certificate of county canvass, what to contain; certificate to be recorded ; copies to be sent Governor and Secretary of State; penalty for any member of County Canvassing Board to violate the law. 37. Clerk of Court to issue certificate of election to county officers; fees of Clerk. 41. Duty of Secretary of State as to issuing certificate of election to parties elected. 42. Governor to issue certificate to Presidential Electors. 43. Term of office of county officers. 44. Manner of contesting election of Members of the Assembly. 45. Depositions may be taken. 46. Attendance of witnesses may be compelled. 47. How depositions to be taken, and to whom transmitted. 48. How election of Senator contested; deposition may be taken; witnesses may be com 38. Time for making election re- pelled to attend; depositions, to turns from certain counties. whom transmitted. 39. Who to be considered elected; manner of proceeding in 49. Limitation of taking testimony. Who are quali SECTION 1. Every male person of the age of twenty-one years and upwards, of whatever race, color, nationality or pre- fled electors. vious condition, who shall, at the time of offering to vote, be a citizen of the United States, or who shall have declared his intention to become such in conformity to the laws of the United States, and who shall have resided and had his habitation, domicile, home and place of permanent abode in Florida for one year, and in the county for six months next preceding the election at which he shall offer to vote, shall in such county be deemed a qualified elector at all elections under this Constitution. Every elector shall at the time of his registration take and subscribe the following oath: I, — do solemnly swear that I will support, protect and Oath of elector. defend the Constitution and government of the United States, and the Constitution and government of the State of Florida, against all enemies, foreign and domestic; that I will bear true faith, loyalty and allegiance to the same, any ordinances Persons not Naturalized cit or resolution of any State Convention or Legislature to the contrary notwithstanding. So help me God. a) SEC. 2. No person under guardianship, non compos mentis, or insane, shall be qualified to vote at any election, nor shall any person convicted of felony be qualified to vote at any election unless restored to civil rights. (a) (1) SEC. 3. At any election at which a citizen or subject of any izens shall pro- foreign country shall offer to vote, under the provisions of this duce certificate. Constitution, he shall present to the persons lawfully authorized to conduct and supervise such elections, a duly sealed and certified copy of his declaration of intention, otherwise he shall not be allowed to vote; and any naturalized citizen offering to vote shall produce before said persons lawfully authorized to conduct and supervise the election, a certificate of naturalization, or a duly sealed and certified copy thereof; otherwise he shall not be permitted to vote. (a) Legislature shall exclude from office and right of suffrage persons convicted of certain crimes, and duelists. What elections by ballot, and SEC. 4. The Legislature shall have power and shall enact the necessary laws to exclude from every office of honor, power, trust or profit, civil or military, within the State, and from the right of suffrage, all persons convicted of bribery, perjury, larceny, or of infamous crime, or who shall make, or become directly or indirectly interested in any bet or wager, the result of which shall depend upon any election, or who shall hereafter fight a duel, or send or accept a challenge to fight, or who shall be a second to either party, or be the bearer of such challenge or acceptance; but the legal disability shall not accrue until after trial and conviction by due form of law. (a) SEC. 5. In all elections by the Legislature the vote shall be viva voce, and in all elections by the people the vote shall be what viva voce. by ballot. (b) Registration to be provided. 16 Fla.. 17. 13 Fla., 57. SEC. 6. The Legislature, at its first session after the ratification of this Constitution, shall by law provide for the registration, by the Clerk of the Circuit Court in each county, of all the legally qualified voters in each county, and for the returns of elections; and shall also provide that after the completion, 12 Fla., 191-77. from time to time, of such registration, no person not duly registered according to law shall be allowed to vote. (b) SEC. 7. The Legislature shall enact laws requiring educaqualifications tional qualifications for electors after the year one thousand eight hundred and eighty, but no such laws shall be made apvided-when. plicable to any elector who may have registered or voted at any election previous thereto. (b) Educational for electors shall be pro Undue influence in elections. SEC. 8. Laws shall be passed regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. (c) SEC. 9. A plurality of votes given at an election by the peo (a) Secs, 1, 2, 3 and 4, Art. 14, Const. of (b) Secs. 5, 6 and 7, Art. 14, Const. of 1868. (1) As to domicil or residence, see 7 Fla., 81; 17 Fla., 389; The State ex rel. Jordan vs. T. E. Buckman, 18 Fla. ple shall constitute a choice when not otherwise provided by Plurality of this Constitution. (d) votes. SEC. 10. A general election shall be held in the several coun- Day of general ties in this State, on the Tuesday next succeeding the first election. Monday in November in each year in which elections are required to be held, for the election of such of the following officers and representatives as are to be elected; that is to say: A Governor, Lieutenant-Governor, Representative in Congress, Officers. electors of President and Vice-President, State Senators and members of the Assembly, and such county officers as are to be elected, as provided by the Constitution and laws. (e) SEC. 11. A Governor, Lieutenant-Governor, and electors of Day of election President and Vice-President shall be elected in the year 1872, officers. and every four years thereafter; Senators in the districts designated by odd numbers, in the year 1872, and every four years thereafter; Senators in the districts designated by even numbers, in the year 1874, and every four years thereafter; a Representative in Congress and members of the Assembly in the year 1872, and every two years thereafter; constables and such other county officers as are to be elected, in the year 1872, and every two years thereafter. (e) of certain tions-when SEC. 12. Special elections may be held in the following cases: Special elecFirst. Where there has been no choice, at any election of a to be held. Representative in Congress, Senator, member of Assembly, or of any county officer who should have been properly elected at a general election. Second. When the right of any person to hold the office of Senator, member of Assembly, or of any county office, shall cease before the commencement of the term for which he shall have been elected. (f) SEC. 13. When a vacancy shall occur in any of the said offices except Senators and members of the Assembly, by death, resignation, removal, or otherwise, more than three months before the next general election; and in the case of a vacancy in the offices of Senator or member of Assembly, a special election shall not be held unless a session of the Legislature shall be held after the vacancy occurs and before a general election. When, in any other case of a vacancy, not particularly provided for, the Governor shall, in his discretion, direct, special elections shall be conducted, and the result thereof canvassed and certified in all respects in like manner as general elections. (f) Vacancies. elections. SEC. 14. Special elections for any office, except county offi- Proclamation ces, under the proclamation of the Governor, to be issued not for holding less than fifteen or more than forty days from the day of the publication of such proclamation; and in the case of county officers, under the proclamation of the sheriff of the county, 14 Fla., 9. to be issued not less than ten or more than twenty days before (d) Sec. 16, Art. 16, Const. of 1868. (e) Secs. 1 and 2, Chap. 1868, Act of Feb. 27, 1872. (f) Sec. 3, Chap. 1625, Act of Aug. 6, 1868. |