Mortgagor, interest of. 6 Fla., 741. 15 Fla., 562. Mortgagee may transfer his interest. Petition for contents and prayer. 1 Fla., 160. 5 Fla., 99-452. the law, by the mortgagee, shall not be allowed to impair, or bring in question the actual, and, for ages, the admitted righ of possession of the mortgagor, until deprived thereof by decree; that a mortgage is, and shall be held in our courts, a specific lien on property thereon for a specific object, and ir point of fact as well as law, the mortgagee is incapable of acquiring possession until after a decree of foreclosure, and ther only by bidding and outbidding all competitors in market. (b) SEC. 4. It shall and may be lawful for any mortgagee or mortgagees to assign and transfer any mortgage made to him. her, or them; and the person or persons to whom any mortgage may be assigned or transferred, may also assign and transfer it, and they and their assigns, or any subsequent assignees, may lawfully have, take, and pursue the same means and reme dies which any mortgagee can, or may lawfully have, take or pursue, for the foreclosure of any mortgage, and for the recov ery of the money secured thereby. (c) (1) SEC. 5. A mortgage may be foreclosed in the following manforeclosure; its ner; that is to say, the person or persons entitled to the foreclosure of any mortgage may file his, her, or their petition in the Circuit Court of the county in which the mortgaged premises are situated, when they are real property, or in which the mort gaged property may be when it is personal property; which petition shall describe and set forth the names of the origi nal parties to the mortgage; and if the mortgage has been assigned, the assignments thereof, the debt or demand which the mortgage was given to secure, the amount actually dut upon the same, together with a description of the property mortgaged; and shall also contain a prayer that the mortgagor or mortgagors and all persons claiming or to claim by, through or under him, her or them, may be forever foreclosed and barrel of and from his, her or their rights, or equity of redemption in the said mortgaged property; and the said petition, together with the original mortgage, shall be filed in the office of the clerk of the court to which the application for foreclosure shall be made, at least four months when the foreclosure is to be of real property, and two months when it is to be of other per sonal property, before the term of the court at which the judg ment of foreclosure shall or can be demanded or rendered: and upon such petition and mortgage, and exhibition to the said Judgment and court of any bond, note or other evidence of the debt, to se cure which the mortgage was executed, which it shall appear was given by the mortgagor or mortgagors, an affidavit being also made by the party or parties, or any of them, petitioning for such foreclosure, or by his, her or their agent or attorney of the amount of the principal and interest claimed as due at the time of making such affidavit, the court shall, at the first decree thereon. (b) Sec. 2, Chap. 525, Act of Jan. 8, 1853. (c) Sec. 1, Act of Dec. 11, 1824. (1) 1 Fla., 10; 2 Fla., 27; 1 Fla., 262; 6 Fla., 214, 711, 741; 1 Fla., 160; 5 Fla., 19, 42 472; 8 Fla., 232; 10 Fla., 133; 11 Fla., 192. term after the filing of such petition, unless good cause be shown to the contrary, give judgment for the petitioner or petitioners for the amount of the principal sum of money and the interest thereon due to him, her or them upon said mortgage, together with the costs and charges of the proceedings; and shall also, by its said judgment, forever foreclose and debar the mortgagor or mortgagors and all persons claiming or to claim by, through or under him, her or them, of and from all right and equity of redemption of or in the said mortgaged property, and every part thereof. (d) be used in peti closure. SEC. 6. In the foreclosure of any mortgage the original Mortgage or mortgage or a certified copy of the same, certified by the Clerk certified copy to of the Circuit Court of the county in which the same shall tion for forehave been recorded, shall form a part of the petition for the foreclosure of such mortgage, and the original mortgage, or a certified copy of the same, shall form a part of the bill of com- · plaint. (e) SEC. 7. In all cases, except the case provided for in the Personal sereleventh section of this chapter, personal service of notice of vice, how made. the intention of the party to institute said suit shall be served upon the mortgagor or other person having the equity of redemption, which service shall be made by the officer appointed to serve writs issuing out of, and returnable to said court, four months, when the foreclosure is to be of real property, and two months, when it is to be of personal property, before the term of the court at which judgment shall be rendered. (ƒ) SEC. 8. When any bill in chancery shall be filed for the fore- Sabpœna may closure of any mortgage in the county where the mortgaged be issued. property is situated, and the mortgagor, or other person entitled to or interested in the equity of redemption, shall reside in any other county in the State, a subpœna may be issued as in other cases, and may be served by the sheriff of the county in which the defendant may reside, or by the sheriff of the county in which the defendant may be found. (g) SEC. 9. Whenever any mortgagor, or any person or persons, Objections to having a right or interest in the equity of redemption of any foreclosure, mortgaged property, shall have any objection or cause to show when to be filed against the foreclosure of such equity of redemption, such objection or cause shall be shown and filed by way of plea to the petition of foreclosure, fifteen days before the first day of the term next following the expiration of the aforesaid respective periods prescribed for the publication or service of the notice, 14 Fla., 544. of the substance of the petition for foreclosure; and such plea, 15 Fla., 180-201or the matters of fact therein contained, shall be verified by the 16 Fla., 738-751oath of the party filing the same, or of some other credible perand the petitioner or petitioners for foreclosure may take issue on the plea, reply or demur thereto; and the right and son; (d) Sec. 2, Act of Dec. 11, 1824, as amended by Chap. 2004, Act of Feb. 11, 1874. (e) Chap. 2004, Act of Feb. 11, 1874. (f) Sec. 4, Act of Dec. 11, 1824. 335. 775-791. Judgment and execution. When mortgagor resides beyond the State. 16 Fla., 739. When resides in the State, but without the reach of process. If stockholder justice of the case shall be decided by the court and jury, or the court alone, as the case may be, at the same time, if the petitioner or petitioners shall require such decision, unless good and sufficient cause be shown by the opposite party for a continuance. (h) SEC. 10. The judgment of the court, on the foreclosure of a mortgage, shall, in all cases, be entered up and filed, and execution shall issue thereon, as in other cases. (i) (1) SEC. 11. Whenever the mortgagor, or the person entitled to or interested in the equity of redemption, resides beyond the limits of the jurisdiction of the court in which suit may be brought, a publication may be made in any newspaper printed within the Circuit within which the mortgaged premises lie; and if there be no newspaper printed within the Circuit, then the next adjoining Circuit; and if none be printed there, then in some newspaper printed in an adjoining State nearest to the place of holding court in the said first-mentioned Circuit, describing the land, and giving notice of the intention of the party to institute suit upon the said mortgage; which publication shall be made once every two weeks, for at least four months before the first day of the term of the court at which application shall be made for a judgment of foreclosure; and the said publication shall be deemed by said courts in all respects equivalent to personal service of notice as hereinafter provided: Provided, however, That it shall be made to appear to the court by affidavit, or otherwise, that the said party or parties, defendant or defendants, actually reside beyond the limits of this State. (i) SEC. 12. Whenever a mortgagor or person entitled to, or interested in the equity of redemption, resides beyond the limits of the jurisdiction of the court in which suit may be brought, but within the State of Florida, publication may be made, as in the preceding section, and the said publication shall be deemed equivalent to personal notice: Provided, It shall be shown to the court, by affidavit or otherwise, that said party or parties, defendant or defendants, actually reside beyond the jurisdiction of said court, where the mortgage is about to be foreclosed. (j) SEC. 13. If any stockholder in any banking or other incorin a bank, and porated institution shall fraudulently remove, or attempt to reproperty mort- move out of this State, any personal property which may have gaged for stock, been mortgaged or pledged thereto, for the security of the stock in the same, or any liability to such corporation, or shall, without the written consent of the said banking or incorporated institution, sell the same, or any part thereof, or dispose thereof, so as to impair the rights, interests, or remedies of such (h) Sec. 5, Act of Dec. 11, 1824, as (i) Secs. 3 and 8, Act of Dec. 11, 1824, as amended by Sec. 1, Act of Feb. 10, 1834. (j) Sec. 1, Act of Feb. 10, 1834. corporation with respect thereto, the stockholder so offending Forfeiture shall forfeit to the said institution all the stock in the same to of stock. which he may be entitled, and all his rights and interest as stockholder; and any property mortgaged by such stockholder to said corporation shall nevertheless be bound for any liability he may have incurred to said corporation, and his debts shall not be impaired by said forfeiture, and said forfeiture shall be made a part of the judgment or sentence of the court on conviction of such stockholder as aforesaid. (k) record. SEC. 14. Whenever the amount of money due on any mort- By entry on gage shall be fully paid to the person or party entitled to the margin of payment thereof, the mortgagee, or party to whom such payment shall have been made, shall, within sixty days thereafter, enter on the margin of the record of said mortgage, in the presence of the custodian of said record, to be attested by said custodian, satisfaction of said mortgage, and sign the same with his, her or their hand, or shall make and execute in writing an instrument acknowledging satisfaction of said satisfied By separate mortgage, and have the same entered of record in the book of instrument. mortgage records in the proper county, the said instrument to be first legally acknowledged or proven to be the act and instrument of the party or parties making the same. (1) CHAPTER 154. MILITIA. 1. Military subordinate to civil power. mander-in-Chief. 9. All business pertaining to mi 2. Governor shall be Command- litia, how and where performed. er-in-Chief. 10. Duty of Adjutant-General 3. Who shall constitute militia; as to organization of militia. exemptions. 4. Legislature to provide for organization of militia; to encourage volunteer corps. 5. Rank of Adjutant-General, Major and Brigadier-General ; uniform of militia. 11. When militia entitled to pay. 14. Staff officers, how appointed. 6. Militia officers, how appoint- oath of officers. ed. 16. Duties of Adjutant-General; 7. When Governor to call out care of arms; military corresponmilitia. 8. Governor to appoint all commissioned officers; staff of Com (k) Sec. 5, Act of March 3, 1842. dence; annual reports, what to (7) Chap. 3013, Act of Feb. 17, 1877. 17. Duty of Adjutant-General when term of office expires. 18. Who subject to militia duty. 19. Persons exempt. 20. Militia, how enrolled. 21. Roll of militia, how and by whom corrected; copy of roll to be sent to Adjutant-General; compensation for making roll of militia. 22. Penalty for failure to perform this duty; what roll shall designate; roll, how often made. 23. Volunteer companies, how organized. 37. Muster rolls of company, how made out; to whom sent. 38. Rank of volunteer militia officers. 39. Duty of Brigadier-Generals as to muster rolls; what rolls shall include. 40. Duty of Major-Generals as to muster rolls; what rolls shall include. 41. What volunteer militia shall be called; all other militia. 42. When volunteer militia may be called into service; how called. 43. Draft of enrolled Militia, 24. Officers of volunteer compa- when and how made. nies, how appointed. 44. Militia, how called into ac 25. Equipment of volunteer tive service. companies. 26. Adjutant-General to prepare code of militia regulations; shall designate tactics to be used. 27. Arms for volunteer company; how procured; bond to be given. 28. County Commissioners to provide armories for militia companies. 29. Power of Commander-inChief as to arms. 30. When and how arms, &c., to be inspected; costs of repair in case of damage, how paid. 31. Accounts for repairs, duty of Adjutant General thereto; amount expended to be included in State tax. 45. Duty of officer commanding Militia so called out. 46. Penalty for Militia so called out to fail to assemble. 47. Troops called out, how to be governed. 48. Drafted Militia, how enrolled and mustered into service. 49. When Militia from different brigades called into service, how organized. 50. Vacancies in offices, how filled; persons distinguished for bravery to be nominated to fill vacancies. 51. Penalty for failure to attend rendezvous when drafted. 52. Substitutes allowed. 53. Commander-in-Chief may 32. Transportation of arms, how order parades and inspections. effected. 54. Militia in active service ex 33. When arms can be issued to empt from jury duty. persons not in militia. 34. Volunteer militia must give bonds for all arms in their possession; penalty for using public arms for private purposes. 35. Volunteer militia, how organized into regiments. 36. What shall constitute field and staff officers of regiments. 55. Courts martial, how appointed; sentences of courts martial may be revised or disapproved ; rules for government of courts martial. 56. Removal from limits of command without permission to be deemed a resignation. 57. Pay of Militia when in ac |